Coffey v. Wilson
Supreme Court of Alabama
Error to the County Court of Jackson. ■ 'Fiiis proceeding was commenced originally beforea justice of the peace, by the plaintiff against the defendants. The plaintiff having obtained judgment, the defendants appealed to the'County Court of Jackson, where a judgment was also obtained by the plaintiff, and an entry appears, that a motion for a new trial made by the- defendants, was overruled.
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Error to the County Court of Jackson. ■ 'Fiiis proceeding was commenced originally beforea justice of the peace, by the plaintiff against the defendants. The plaintiff having obtained judgment, the defendants appealed to the'County Court of Jackson, where a judgment was also obtained by the plaintiff, and an entry appears, that a motion for a new trial made by the- defendants, was overruled. After the adjournment of the Court, the clerk issued a writ of error coram vobis in the cause, directed to the judge of the County Court, and upon which the judge endorsed, that it should operate ás a…
1Opinion of the CourtOrmond, J.
— We are relieved from the necessity of considering the assignments of error, which relate to the writ of error coram vobis which issued in this cause, because, conceding it to have been wholly irregular, there was no final action of the Court upon it; nor did it exert any influence upon the judgment finally entered in the cause.
The first-judgment which w-as suspended by the writ of error cordm vobis was, as subsequently appears, improperly ren*703dered from an incorrect entry made by the clerk, that a.new trial was refused by the Court, when in fact it had been granted, and should have been so…
2Cited by2 opinions
- Gorum v. SamuelSupreme Court of Alabama · 1963
- Tanner v. HayesSupreme Court of Alabama · 1872