Governor v. Knight
Supreme Court of Alabama
Writ of error to the Circuit Court of Randolph. A judgment was rendered in this case, reciting that the defendant, Knight, being solemnly called to come into Court, as he was bound by his recognizance to do, came not, but made default; therefore, it was considered by the Court, that the Governor of Alabama, for the use, &c., recover of the defendant and his sureties, &c. the sum of two hundred and fifty dollars, áre., unless they appear at the then next term, and show cause,…
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Writ of error to the Circuit Court of Randolph. A judgment was rendered in this case, reciting that the defendant, Knight, being solemnly called to come into Court, as he was bound by his recognizance to do, came not, but made default; therefore, it was considered by the Court, that the Governor of Alabama, for the use, &c., recover of the defendant and his sureties, &c. the sum of two hundred and fifty dollars, áre., unless they appear at the then next term, and show cause, áre. Accordingly, a scire facias was issued, and served on Knight and his sureties, who appeared and moved to quash the…
1Opinion of the CourtCollier, C. J.
We have always considered cases of this character, as mere civil proceedings, in which either party supposing himself aggrieved by the judgment of a primary Court, may appeal to an appellate tribunal. If the present was res integra, we should be inclined to think that the mere refusal to permit the judgment nisi to be perfected nunc pro tunc was not revisable on error, inasmuch as it would not be definitive. It would per*298haps be allowable to submit the motion a second time, or oftener, to the same Court, and even if this could not be done, an action might be maintained against the defendants,…
2Cited by5 opinions
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Dover v. State ex rel. Winston CountySupreme Court of Alabama · 1871
- State ex rel. Fayette County v. EarnestSupreme Court of Alabama · 1898
- Hatch v. StateSupreme Court of Alabama · 1867
- State v. CraigSupreme Court of Alabama · 1847