Stephens v. Norris, Stodder & Co.
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. 1. The circuit court had jurisdiction — although its judgment was merged in that of the supreme court, as is decided in Wiswall v. Munroe, 4 Ala. 19. Yet it did not lose all power to correct its own entries. This was an affirmance on certificate, and consequently this court has no record to amend by; and from the necessity of the case, the circuit court in which the record remains, must make the amendment.
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Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. 1. The circuit court had jurisdiction — although its judgment was merged in that of the supreme court, as is decided in Wiswall v. Munroe, 4 Ala. 19. Yet it did not lose all power to correct its own entries. This was an affirmance on certificate, and consequently this court has no record to amend by; and from the necessity of the case, the circuit court in which the record remains, must make the amendment. Besides, the statute says the clerk shall calculate the judgment from the note. This cannot be done here. How can this…
1Opinion of the CourtChilton, J.
The question is, whether the circuit court had the power to allow an amendment of its previous judgment, nunc pro tunc, after such judgment had been affirmed upon certificate in the supreme court.
In Wiswall v. Monroe, 4 Ala. Rep. 19, it was held, that that when the judgment of the inferior court was’superseded by a writ of error bond, and was affirmed by this court, the effect of such affirmance was, to merge the judgment of the inferior, in that of the supreme court; and that an execution issued on the judgment of the inferior court, after its affirmance, would be quashed. We are satisfied…
2Cases cited1 opinion
- Wiswell v. MunroeSupreme Court of Alabama · 1842
3Cited by9 opinions
- Randolph v. LittleSupreme Court of Alabama · 1878
- Herstein v. WalkerSupreme Court of Alabama · 1890
- Thomason v. GraySupreme Court of Alabama · 1887
- Werborn v. PinneySupreme Court of Alabama · 1884
- Ex parte HendersonSupreme Court of Alabama · 1887
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