Holloway v. Washington
Supreme Court of Alabama
Writ of error to the County Court of Cherokee. THE plaintiff in error brought an action of assumpsit against the defendant, on a promissory note, which was continued for several terms. At the July term of the Court ho'lden in 1840, it appears from the record, that the cause Was continued, but at a subsequent day of the term, an entry Was made, setting aside the continuance, and rendering a judgment by default against the defendant, for the amount of the note and interest.
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Writ of error to the County Court of Cherokee. THE plaintiff in error brought an action of assumpsit against the defendant, on a promissory note, which was continued for several terms. At the July term of the Court ho'lden in 1840, it appears from the record, that the cause Was continued, but at a subsequent day of the term, an entry Was made, setting aside the continuance, and rendering a judgment by default against the defendant, for the amount of the note and interest. An execution having issued on that judgment, the defendant applied for a supersedeas, which was issued under an order of…
1Opinion of the CourtCollier, C. J.
From any thing appearing to the contrary, by the entries made in the cause at the term the judgment was rendered, the continuance was fairly and regularly set aside. It is not pretended that the clerk was guilty of malver-sation in office, either in making that entry, or in entering the judgment consequent upon it. Every thing then appearing to be regular, the execution should not have been superseded. Fryer v. Austill, 2 Stew’t Rep. 119.
It was dearly competent for the Court to have set aside the order of continuance, or to have made any alteration or correction in its minutes, during the…
2Cited by3 opinions
- Ex Parte BrickellSupreme Court of Alabama · 1920
- Marshall v. CaudlerSupreme Court of Alabama · 1852
- Shearer v. BoydSupreme Court of Alabama · 1846