Adkinson v. Keel
Supreme Court of Alabama
’Appeal from the Circuit Court of Coffee. The record does not show the name of the presiding judge. MotioN “;to .establish a judgment, wherein Hansel Keel, for the use, of . Jackson, Owens & Harper, was plaintiff, and Britton T. Adkinson, John E. Adkinson and Duncan Adkin-son were defendants ; which judgment was rendered at the Fall term, 1850, of the Circuit Court of Coffee, for the sum of $402, oi- thereabouts; the said judgment having‘been destroyed by the burning of the…
Read the full summary
’Appeal from the Circuit Court of Coffee. The record does not show the name of the presiding judge. MotioN “;to .establish a judgment, wherein Hansel Keel, for the use, of . Jackson, Owens & Harper, was plaintiff, and Britton T. Adkinson, John E. Adkinson and Duncan Adkin-son were defendants ; which judgment was rendered at the Fall term, 1850, of the Circuit Court of Coffee, for the sum of $402, oi- thereabouts; the said judgment having‘been destroyed by the burning of the court-house of said county.” : The record contains a notice of this motion, (which, however, is not shown to have been…
1Opinion of the CourtChilton, C. J.
There can be no doubt, that the Circuit Court, in virtue of its general and plenary jurisdiction, has power to supply a lost record. This point was decided by our predecessors, in the case of MeLendon v. Jones, 8 Ala. 298, and the mode is there substantially pointed out, in which it can be done — namely, a notice, setting forth explicitly ^haf *553is intended, and such as will advise the opposite party of the affidavits submitted in support of the motion, so as to enable him to controvert them, must be given, so that the defendant may be prepared to meet the affidavits, and controvert them with…
2Cases cited1 opinion
- McLendon v. JonesSupreme Court of Alabama · 1845
3Cited by14 opinions
- Choate v. Alabama Great Southern R. R.Supreme Court of Alabama · 1911
- Dabney v. MitchellSupreme Court of Alabama · 1880
- Wise v. StateSupreme Court of Alabama · 1922
- Denson v. StanleyAlabama Court of Appeals · 1918
- Talladega Insurance v. LandersSupreme Court of Alabama · 1869
9 more not listed; retrieve them via the Exa API.