Womack v. Bookman
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Jacob Bookman against John E. Womack, and was founded on the defendant’s two promissory notes. The summons was issued on the 5th October, 1857, and service was acknowledged on the nest day.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Jacob Bookman against John E. Womack, and was founded on the defendant’s two promissory notes. The summons was issued on the 5th October, 1857, and service was acknowledged on the nest day. At the fall term, 1857, as appears from the bill of exceptions, “and on the last day of said term, on motion of the plaintiffj the cause was called by the court, before it had been regularly reached on the call of the docket; and the court then and there required the defendant to state whether or not he…
1Opinion of the CourtRice, C. J.
We understand it to be conceded, that this case was properly placed on the trial docket of the fall term, 1857, of the circuit court of Dallas. Upon that concession, the case stood for trial at that term, unless good cause for a continuance was shown, provided it was reached. — Code, § 2257.
True, no judgment could properly have been rendered at that term against the defendant, except by consent of himself or his attorney, within the first three days of the term; nor could the case have been regularly tried, without such consent, before the day for which it was set. Code, §§ 2258, 2261. But,…
2Cited by6 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Williams v. TylerAlabama Court of Appeals · 1916
- Renfro Bros. v. Merryman & Co.Supreme Court of Alabama · 1881
- Shorter, Papot & Co. v. HightowerSupreme Court of Alabama · 1872
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