Johnson v. Lattimore
Supreme Court of Alabama
Writ of error to the Circuit Court of Randolph County. Lattimore had obtained a judgment in an attachment suit, in a justices’s court of Randolph county, and having caused an execution to be levied on a tract of land, he then moved the-Circuit Court at the Spring term, 1S40, for an order of sale, under the statute directing such proceedings. The order was made, and a venditioni exponas issued the 22d August, 1842, tinder which the land was sold to the plaintiff Lattimore.
Read the full summary
Writ of error to the Circuit Court of Randolph County. Lattimore had obtained a judgment in an attachment suit, in a justices’s court of Randolph county, and having caused an execution to be levied on a tract of land, he then moved the-Circuit Court at the Spring term, 1S40, for an order of sale, under the statute directing such proceedings. The order was made, and a venditioni exponas issued the 22d August, 1842, tinder which the land was sold to the plaintiff Lattimore. At the Spring term, 1844, amotion was entered by Johnson, that the constable should be permitted to correct his return…
1Opinion of the CourtGoldthwaite, J.
— The writ of error in this case must be dismissed, because there is nothing for it to remove to this Court. The power of a Court to set aside its own judgments at the term at which they are rendered has never been disputed. It may be that here, the Court became satisfied that the evidence upon which it acted was unsatisfactory or not sufficient to allow the amendment; or it might have considered the amendment as immaterial, and for that reason unnecessary. Whatever may have been the reasons which induced the Court to retrace its action and recall its judgment, its effect was to leave the…
2Cited by3 opinions
- Schaeffer v. WalkerSupreme Court of Alabama · 1941
- National Surety Co. v. First Nat. Bank of OpelikaSupreme Court of Alabama · 1932
- Saunders v. CoffinSupreme Court of Alabama · 1849