Falkner v. Christian's Administrator
Supreme Court of Alabama
Appeal front the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Harris Gunter, as the administrator of A. H. Christian, deceased, against Jefferson Falkner, and was founded on a judgment rendered by the circuit court of Chambers’ county, in October, 1867, against said Falkner and one E. G. Richards, for the sum of $700.50, with costs.
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Appeal front the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Harris Gunter, as the administrator of A. H. Christian, deceased, against Jefferson Falkner, and was founded on a judgment rendered by the circuit court of Chambers’ county, in October, 1867, against said Falkner and one E. G. Richards, for the sum of $700.50, with costs. The defendant pleaded, “ in short by consent,” nul tiel record; and the cause was tried on issue joined on that plea. On the trial, as appears from the bill of exceptions, the plaintiff offered in evidence a…
1Opinion of the CourtBrickell, J.
When judicial proceedings, in a court of *497general jurisdiction, have ripened into a final judgment or decree, and are collaterally assailed, all reasonable intendments and presumptions are indulged to support them. Whatever of doubt or ambiguity the record may present, is resolved in favor of the validity of the judgment or decree. Otherwise, such judgments would lose much of their dignity and value, and, instead of terminating, would be often only the commencement of litigation.
2. It is certainly true that a judgment rendered in favor of, or against a deceased party, and which cannnot by…
2Cases cited5 opinions
- Kennedy v. YoungSupreme Court of Alabama · 1854
- Eaton v. P. W. & T. R. HarrisSupreme Court of Alabama · 1868
- Hatch v. CookSupreme Court of Alabama · 1839
- Copewood v. Taylor's adm'rSupreme Court of Alabama · 1838
- Newman v. PryorSupreme Court of Alabama · 1850
3Cited by1 opinion
- Seelye v. SmithSupreme Court of Alabama · 1887