Kenedy v. T. R. Miller Mill Co.
Alabama Court of Appeals
Appeal from Circuit Court, Conecuh County; A. E. Gamble, Judge. Suit by Sallie Belle Kenedy against the T. R. Miller Mill Company. To review a default judgment, defendant brought certiorari. From a judgment quashing the default judgment, plaintiff appeals. Sallie Belle Kenedy brought suit against T. R. Miller Mill Company, a corporation, in the justice court of W. B. Northcutt, a justice of the peace.
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Appeal from Circuit Court, Conecuh County; A. E. Gamble, Judge. Suit by Sallie Belle Kenedy against the T. R. Miller Mill Company. To review a default judgment, defendant brought certiorari. From a judgment quashing the default judgment, plaintiff appeals. Sallie Belle Kenedy brought suit against T. R. Miller Mill Company, a corporation, in the justice court of W. B. Northcutt, a justice of the peace. Service was had on defendant and due return made, and on May S, 1915, the following judgment was entered: “This cause coming on to be heard on this 8th May, 1915, the plaintiff appeared by her…
1Opinion of the CourtSamford, J.
[1] The sole and only question presented by the record and by brief of counsel is whether the judgment of the justice court is void for the reason that it fails to state that the judgment was rendered after 12 o’clock noon. When the judgment of an inferior court shows the facts necessary to confer jurisdiction, then the same presumptions are indulged in favor of the regularity and validity of its proceedings as are extended to the superior courts, and the record can be impeached only in like cases and to the same extent. 23 Cyc. 1082 (11), and authorities there cited,
[2] It is undoubtedly the…
2Cases cited3 opinions
- Catanich v. HayesCalifornia Supreme Court · 1877
- Ex parte GriffinSupreme Court of Alabama · 1912
- Martin v. CrookSupreme Court of Alabama · 1908