Brown v. Bartlett
Supreme Court of Alabama
Error to the Circuit Court of Pike County. This suit was commenced originally before a justice of the peace, by the defendant, against the plaintiff in error, in which the former obtained judgment and the latter removed it by certiorari to the County Court of Pike county.
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Error to the Circuit Court of Pike County. This suit was commenced originally before a justice of the peace, by the defendant, against the plaintiff in error, in which the former obtained judgment and the latter removed it by certiorari to the County Court of Pike county. The counsel for one of the parties being appointed judge of the County .Court, the cause was- transferred to the Circuit Court of Pike -county — and at the Spring term 1839, of that Court the cause was, by the judgment of the Court, dismissed at the cost of the plaintiff. At the Fall term, 1840, of the Court, the following…
1Opinion of the CourtOrmond, J.
— It is objected for the plaintiff in error, that no amendment can be made in a judgment after an interval of one term — such is not the law, the amendment may be made at any time if the evidence is in existence, which will authorize it to be done. In the case of Goldthwaite v. Wilkerson [1 Stewt. & Por. 159] an amendment of this kind was made after the lapse of seven years.
What evidence will bo sufficient to authorize the amendment of a part of the record nunc pro tunc, is largely discussed in the case of Moody v. Keenar, 9th Porter, 252. In the case of Thompson & Miller, [2d Stewart’s, Rep.…
2Cited by7 opinions
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- Benford v. DanielsSupreme Court of Alabama · 1848
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