Smith v. Hearne
Supreme Court of Alabama
N. Smith, sued out two writs of error to the County Court of Clarke county, and gave two bonds to supersede the judgments below. The Clerk of the County Court returned the two writs and bonds jointly, and attached to them one transcript of record only. This transcript contained two judgments.
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N. Smith, sued out two writs of error to the County Court of Clarke county, and gave two bonds to supersede the judgments below. The Clerk of the County Court returned the two writs and bonds jointly, and attached to them one transcript of record only. This transcript contained two judgments. It appeared that Smith had obtained two judgments before a Justice of the Peace, against C. Hearne j on two separate demands; that the defendant by one single petition, prayed for, and obtained a certiorari, from the County Court, to bring up both cases. There was but one order and Certiorari bond, for…
1Opinion of the Court
By JUDGE COLLIER.
In this case, two writs of error and two judgments, are certified jointly to this Court. The Court must consider the transcript as it is sent up without severing the judgments. If we had the right to do so, in this case, it would avail nothing; because the proceedings and judgment separately, would not constitute records on which we could act. Besides, there is nothing in the writs of error which enables us to say to which judgment they were designed, respectively, to apply; and were we to reject one of the writs, the plaintiff would not be benefitted. There would be still…
2Cited by2 opinions
- Mobile Improvement & Building Co. v. SteinSupreme Court of Alabama · 1908
- Creswell v. Comm'rs' Court of Greene Co.Supreme Court of Alabama · 1854