Acre v. Ross
Supreme Court of Alabama
This was an action of assumpsit, brought by Samuel Acre against Jack F. Ross, as surviving administrator of Turner Starke, deceased, to recover for professional services rendered his intestate in his lifetime, by the plaintiff as an attorney at law. The writ was returnable to a special term in February, 1827, of Mobile Circuit Court.
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This was an action of assumpsit, brought by Samuel Acre against Jack F. Ross, as surviving administrator of Turner Starke, deceased, to recover for professional services rendered his intestate in his lifetime, by the plaintiff as an attorney at law. The writ was returnable to a special term in February, 1827, of Mobile Circuit Court. No plea being filed within the time prescribed, the plaintiff claimed an office judgment by default, as appears by the following entry made on the trial docket for April term of said Court, in the same year: “In this ease the claims judgment, by default, for want…
1Opinion of the Court
By JUDGE TAYLOR.
It is unnecessary to enter into a labored argument, to prove that the 7th section of the act of 1819, uto regulate the proceedings in the Courts of law and equity in this State,’5 does not divest the Courts of a general superintending control, over the pleadings and other proceedings of suitors within those Courts. To sustain a contrary position, would divest our judicial tribunals of a power, essential to the object for which they have been erected, that of doing justice; and leave them the proper subjects for contempt and ridicule. Accordingly, the uniform practice under…
2Cited by5 opinions
- Schaeffer v. WalkerSupreme Court of Alabama · 1941
- Johnson v. Johnson's Adm'rSupreme Court of Alabama · 1866
- Ex Parte KingSupreme Court of Alabama · 1935
- Starke v. Keenan's ex'rsSupreme Court of Alabama · 1843
- Mitchell v. CottenSupreme Court of Florida · 1848