Legal Opinion
Wise v. Spears
Supreme Court of Alabama
Decided November 15, 1917No. 4 Div. 728PublishedCited by 28 opinions
Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Proceeding by J. F. Wise and others against J. H. Spears and others. From a judgment sustaining a demurrer, plaintiffs appeal.
1Opinion of the CourtSomerville, J.
This proceeding is by motion to substitute a lost record, and thereupon to amend a final judgment nunc pro tunc.
[1] The judgment appealed from is, omitting prefatory recitals, as follows:
“It is considered and adjudged by the court that the demurrer is well taken, and that it be and is hereby sustained by the court, and the defendants have and recover of the plaintiffs the costs of this cause, for which execution may issue.”
In Eslava v. Jones, 79 Ala. 287, it is said:
“The only judgment found in this record is an order of the court sustaining defendant’s demurrer to plaintiff’s complaint, and…
2Cases cited2 opinions
- Meyers v. MartinezSupreme Court of Alabama · 1909
- Eslava v. JonesSupreme Court of Alabama · 1885
3Cited by28 opinions
- Minich v. Gem State Developers, Inc.Idaho Supreme Court · 1979
- Martin v. Alabama Power Co.Supreme Court of Alabama · 1922
- Forbes v. Fort Lauderdale Mercantile Co.Supreme Court of Florida · 1922
- Lathrop Lumber Co. v. Pioneer Lumber Co.Supreme Court of Alabama · 1922
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929
23 more not listed; retrieve them via the Exa API.