Legal Opinion

U. S. Fidelity & Guaranty Co. v. Frick Co.

Supreme Court of Alabama

Decided December 17, 1931No. 4 Div. 594PublishedCited by 2 opinions

1Opinion of the Court

A judgment by consent lias the same force and effect as any other judgment, and in the absence of fraud or mistake is valid and binding as between the parties and their privies. Cowley v. Harrow, 193 Ala. 381, 69 So. 114. No notice of application for entry of a judgment nunc pro tunc is necessary where the motion is based on matters of record such as could not be disputed by the opposite party even if he was heard. McGowan v. Simmons, 185 Ala. 310, 64 So. 569. A judgment may be amended at a subsequent term, nunc pro tune, and pending an appeal therefrom, and the amendment being properly…

2Cases cited8 opinions

  1. Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
  2. Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
  3. Phillips v. StateSupreme Court of Alabama · 1909
  4. Cowley v. FarrowSupreme Court of Alabama · 1915
  5. Wilson v. BarnesSupreme Court of Alabama · 1873

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3Cited by2 opinions

  1. Johnson v. BoulerSupreme Court of Alabama · 1939
  2. Holcombe v. De SassietSupreme Court of Alabama · 1951

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