Legal Opinion

Tardy v. Murry

Supreme Court of Alabama

Decided January 15, 1850PublishedCited by 2 opinions

Motion for the affirmance of a judgment rendered in the Circuit Court of Mobile in favor of Tardy v. Murry & Durand, executors, &c.

1Opinion of the CourtChilton, J.

Tardy moves to affirm the judgment of the court below on the certificate of the clerk. We should under the circumstances grant the motion, but the certificate does not conform to the requisitions of the statute. — Clay’s Digest, 308-9, § 13. It does not “show the time at which the writ of error issued,” nor the term of the court to which it issued. The statute expressly requires that the clerk’s certificate, upon which an affirmance may be had, must show the time.at which the writ of error issued. This certificate says the writ was. issued in 1849, but whether to the June term 1849, or this…

2Cases cited1 opinion

  1. Ex parte RenfroSupreme Court of Alabama · 1845

3Cited by2 opinions

  1. Alexander v. NelsonSupreme Court of Alabama · 1868
  2. Green v. MaclinSupreme Court of Alabama · 1857

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