Layman v. Hendrix
Supreme Court of Alabama
Writ of error to the Circuit Court of Benton County. ACTION of trespass vi et armis. Demurrer to the decíaration. Demurrer overruled. Each defendant then severally-pleaded not guilty. The pleadings need not be stated, as no opinion is given by the court, on the assignment of error respecting the demurrer.
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Writ of error to the Circuit Court of Benton County. ACTION of trespass vi et armis. Demurrer to the decíaration. Demurrer overruled. Each defendant then severally-pleaded not guilty. The pleadings need not be stated, as no opinion is given by the court, on the assignment of error respecting the demurrer. In the transcript of the case, and immediately preceding the judgment, the following entry appears : — “ this cause came on to be tried, and the defendants’ demurrer to the plaintiff’s declaration being overruled, they pleaded as follows, — • each defendant, for himself, pleads not guilty ;…
1Opinion of the CourtGoldthwaite, J.
— As the attention of the court has not been directed to the supposed defects of the declaration, we have not deemed it important to be examined.
1. 2. The error, which is supposed to arise out of the change made in the verdict, cannot be available to the plaintiffs in error, because, it is evident, that the first entry is the mere recital of the clerk, of the effect of certain papers filed in the cause. If iwe are right in this, we may remark, that it is not the duty of a clerk to make a record, but merely to certify the one which exists. The presumption is, that if the verdict recited, was…
2Cited by32 opinions
- Black Belt Wood Co., Inc. v. SessionsSupreme Court of Alabama · 1987
- Tatum v. Schering Corp.Supreme Court of Alabama · 1988
- City of Tuscaloosa v. FairSupreme Court of Alabama · 1936
- City of Birmingham v. HawkinsSupreme Court of Alabama · 1916
- Smith v. GayleSupreme Court of Alabama · 1877
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