Gunnells v. State Bank
Supreme Court of Alabama
. Error to the Circuit Court of Jefferson. Tried before the Hon. Geo. D. Shortridge. This suit was commenced by attachment, sued out by the defendant against the plaintiff in error. The case will be understood from the opinion.
1Opinion of the CourtChilton, J.
The view we take of the main point in this case renders it unnecessary for us to examine the question, whether the court should have allowed the papers to be filed and the cause placed upon the docket, at a term of the court subsequent to that to which they were properly returnable.
*677It appears that at the Fall Term 1849, a final judgment of non p?vs. was entered, and at the same term, the plaintiff’s counsel entered upon the motion docket the following entry:— “ State Bank v. Benjamin Gunnells. In this case the court will be moved to set aside the non-suit taken in this case, (signed) W. J.…
2Cases cited1 opinion
- Walker v. HaleSupreme Court of Alabama · 1849
3Cited by6 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Ex parte Highland Avenue & Belt RailroadSupreme Court of Alabama · 1894
- Hundley v. YongeSupreme Court of Alabama · 1881
- Ayer v. KemperCourt of Appeals for the Second Circuit · 1931
- Ex parte HumesSupreme Court of Alabama · 1900
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