Allen v. Bradford
Supreme Court of Alabama
Writ of error to the Circuit Court of St. Clair. The defendants in error declared against the plaintiff in as-sumpsit, on a promissory* note, dated the twelfth day of November, 1838, by which the latter, together with John R. Allen, who was not sued, promised to pay to the former, “ as administrators of the estate of Samuel J. Bradford, deceased, nine hundred and sixteen dollars and sixty cents,” twelve months after date.
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Writ of error to the Circuit Court of St. Clair. The defendants in error declared against the plaintiff in as-sumpsit, on a promissory* note, dated the twelfth day of November, 1838, by which the latter, together with John R. Allen, who was not sued, promised to pay to the former, “ as administrators of the estate of Samuel J. Bradford, deceased, nine hundred and sixteen dollars and sixty cents,” twelve months after date. At the trial term, a judgment by default was rendered against the defendants below, in favor of Bradford alone. Twelve months afterwards, the plaintiffs moved the Court to…
1Opinion of the CourtCollier, C. J.
It is undoubtedly true, that the first judgment is irregular in being rendered in favor of one of the plaintiffs only.
It is no objection to the amended judgment, that no execution had issued within a year and a day, on the original judgment, but if a scire facias was necessary to entitle the plaintiff to an execution, when the amendment was made, the amendment •which was an entry nunc pro tunc, would not in this respect, place the plaintiffs in a better condition.
This Court has repeatedly holden, that a judgment nunc pro tunc may be entered, though no notice is given to the opposite party.…
2Cited by15 opinions
- Nabers' Adm'r v. MeredithSupreme Court of Alabama · 1880
- Gunn v. HowellSupreme Court of Alabama · 1859
- Glass v. GlassSupreme Court of Alabama · 1854
- Pulitzer Publishing Co. v. AllenMissouri Court of Appeals · 1908
- Bancroft v. StantonSupreme Court of Alabama · 1845
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