Price & Simpson v. Gillespie
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. JOHN E. Moobe. The appellants, suing as partners, obtained a judgment before a justice of the peace against Henry Gillespie and Lucy Gillespie, which was removed by certiorari, on the petition of the said Lucy Gillespie, to the circuit court. The plaintiffs there filed a complaint on a bond; to which Lucy Gillespie pleaded coverture, and her co-defendant nil debet.
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. JOHN E. Moobe. The appellants, suing as partners, obtained a judgment before a justice of the peace against Henry Gillespie and Lucy Gillespie, which was removed by certiorari, on the petition of the said Lucy Gillespie, to the circuit court. The plaintiffs there filed a complaint on a bond; to which Lucy Gillespie pleaded coverture, and her co-defendant nil debet. At the March term, 1855, a trial was had on issues joined on these pleas, when the jury found a verdict in favor of Lucy Gillespie, and against Henry Gillespie; and…
1Opinion of the CourtRice, J.
A recital in a judgment nunc pro tunc, that sufficient matter to authorize it to be entered was disclosed to the court “ by sufficient, competent and satisfactory evidence,” will sustain it, if the parties appeared upon the motion to perfect the judgment, and do not show by bill of exceptions, or in some other appropriate manner, that such recital is untrue. — Rains v. Ware, 10 Ala. R. 623.
The entry made at the September term, 1855, of the circuit court of Lawrence, whereby the judgment rendered at the preceding term was “ revoked, annulled, and held for naught,” and another judgment…
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