Dumas v. Hunter
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before the Hon. E. W. Pettus. This was an action of unlawful detainer. — See the report of it, on page 75, supra. A trial was had at the spring term, 1855, when the plaintiff was compelled to take a nonsuit; judgment for costs being rendered against him, and James M. Cochran and E. M. Dumas, as his sureties on the appeal bond.
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Appeal from the Circuit Court of Fayette. Tried before the Hon. E. W. Pettus. This was an action of unlawful detainer. — See the report of it, on page 75, supra. A trial was had at the spring term, 1855, when the plaintiff was compelled to take a nonsuit; judgment for costs being rendered against him, and James M. Cochran and E. M. Dumas, as his sureties on the appeal bond. At the next term, an amended judgment was rendered, mine pro tunc, in these words: “This motion coming on to be heard, and it appearing to the satisfaction of the court, from an inspection of the papers, that E. M. Dumas…
1Opinion of the CourtStone, J.
The judgment entered in this case in the court below, at the spring term, 1855, being defective in consequence of clerical errors, was amended at the next term of the court, nunc pro tunc, and made to express the true j udgment of the court. The amendment was clearly *190allowable. — Dobson v. Dickson, 8 Ala. 252; Hood v. Branch Bank, 9 Ala. 335; Rains v. Ware, 10 Ala. 623.
If we take tbe judgment entry of the spring term, as it was amended at the fall term, a substantial harmony will be discovered between it, the appeal bond, and the certificate of appeal. In fact, we do not understand the…
2Cases cited6 opinions
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Thompson v. MillerSupreme Court of Alabama · 1830
- Hood v. Branch of the Bank of the StateSupreme Court of Alabama · 1846
- Brown v. BartlettSupreme Court of Alabama · 1841
- Dobson v. DicksonSupreme Court of Alabama · 1845
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3Cited by6 opinions
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Robertson v. KingSupreme Court of Alabama · 1898
- Gardner v. StateAlabama Court of Appeals · 1926
- Carter v. SmithSupreme Court of Alabama · 1904
- Farmer v. WilsonSupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.