McGowan v. Simmons
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. C. W. Simmons bad judgment against Nick McGowan, and entered a motion to amend tbe judgment nunc pro tunc to show that tbe default judgment was rendered by the court, and that a jury was called and came and ascertained tbe damages. Prom an order granting tbe motion and amending tbe judgment, defendant appeals.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. C. W. Simmons bad judgment against Nick McGowan, and entered a motion to amend tbe judgment nunc pro tunc to show that tbe default judgment was rendered by the court, and that a jury was called and came and ascertained tbe damages. Prom an order granting tbe motion and amending tbe judgment, defendant appeals. Tbe minutes are. tbe sole memorial of wbat tbe court did. — Winn v. McGrcmey, 156 Ala. 635. Tbe court stands by tbe recitals of tbe judgment entry. — Donnelly v. State, 130 Ala. 132; Briggs v. T. G. I. & By., 175 Ala.…
1Opinion of the Court
MAYFIELD,. J.
Before the submission of this cause, the appellee obtained a certiorari to the trial court, to perfect the record. Before the clerk of the circuit court made his return to the certiorari, appellee moved in the trial court to have the judgment appealed from, which was a judgment by default, amended nunc pro tunc, so as to show that a jury was had, to ascertain the amount of damages; the claim or demand sued on being one in which a jury was necessary to ascertain the amount of damages.
The appellant, defendant in the court below, resisted the motion to amend; and here assigns…
2Cases cited5 opinions
- Nabers' Adm'r v. MeredithSupreme Court of Alabama · 1880
- Allen v. BradfordSupreme Court of Alabama · 1842
- Glass v. GlassSupreme Court of Alabama · 1854
- Bentley v. WrightSupreme Court of Alabama · 1842
- Wilkerson v. GoldthwaiteSupreme Court of Alabama · 1831
3Cited by5 opinions
- Webb v. FrenchSupreme Court of Alabama · 1932
- Ex Parte BiddleSupreme Court of Alabama · 1952
- Ex Parte BrandonSupreme Court of Alabama · 1943
- Paletz v. TayloeSupreme Court of Alabama · 1935
- U. S. Fidelity & Guaranty Co. v. Frick Co.Supreme Court of Alabama · 1931