Summerlin v. Dowdle
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Tried before the Hon. Ezekiel Pickens. James Dowdle, for the use of Alexander MeDade, brought an action of debt against Michael J. Summerlin, and, after service of the capias, declared against him in his own name and right; and after one continuance by the plaintiff, judgment by nil dicit was rendered against the defendant.
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Error to the Circuit Court of Tallapoosa. Tried before the Hon. Ezekiel Pickens. James Dowdle, for the use of Alexander MeDade, brought an action of debt against Michael J. Summerlin, and, after service of the capias, declared against him in his own name and right; and after one continuance by the plaintiff, judgment by nil dicit was rendered against the defendant. It is now assigned for error, first, that there is a fatal variance between the writ, declaration and judgment; second, that there is no declaration ; third, that the court erred in the judgment rendered.
1Opinion of the CourtLigon, J.
The judgment entry in the court below, as it was corrected on the motion to enter judgment nunc pro tunc, shows that the defendant in that court appeared by his attoi ney, and at the term at which the judgment was rendered that attorney withdrew his appearance when the case was called, and the “ defendant made no further defence.” This was at the second term after the return of the writ, and consequently long after the declaration must have been filed under the rules of practice in the Circuit Courts of this State. Under these circumstances, nil dicit was the proper judgment, and such, in…
2Cases cited1 opinion
- Turner v. BrownSupreme Court of Alabama · 1846
3Cited by7 opinions
- Gibson v. LandSupreme Court of Alabama · 1855
- Grigg v. GilmerSupreme Court of Alabama · 1875
- Horton v. Miller & Bro.Supreme Court of Alabama · 1887
- Wright v. SnedecorSupreme Court of Alabama · 1871
- Davis v. EvansSupreme Court of Alabama · 1954
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