Screws v. Upshaw
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before tbe Hon. JoHN Gill ShoRtek. IN this case, at the spring term, 1857, after the rendition of a judgment on verdict for the defendant, on motion for a new trial, the court made an order in these words: “ It is-considered that said motion be granted, on the sole condition that the plaintiff pay all costs in four months.”
Read the full summary
Appeal from the Circuit Court of Barbour. Tried before tbe Hon. JoHN Gill ShoRtek. IN this case, at the spring term, 1857, after the rendition of a judgment on verdict for the defendant, on motion for a new trial, the court made an order in these words: “ It is-considered that said motion be granted, on the sole condition that the plaintiff pay all costs in four months.” At the next ensuing term, the defendant moved the court to strike the case from the trial docket, on these two grounds : 1st, because the order granting a new trial was void; and, 2d, because the condition annexed to the…
1Opinion of the CourtIt. W. Walker, J.
The effect of the order made by the court, upon the motion for a new trial, was, that the judgment in favor of Upshaw was to stand, unless Screws should pay all the costs in four months.
By virtue of his office, the clerk was authorized to receive the costs, the payment of which was the condition upon which the new trial was granted. But he had not the right to accept of anything but money in payment. The negotiation between the sheriff and the clerk, however it might bind the latter, cannot affect the plaintiff in the judgment, who in no wise assented to it. Without Upshaw’s consent to…
2Cases cited1 opinion
- Cook v. BloodgoodSupreme Court of Alabama · 1845
3Cited by1 opinion
- Ex parte JonesSupreme Court of Alabama · 1860