Sally v. Gooden
Supreme Court of Alabama
Wkit' of Error to tho Circuit Court of Randolph. At a term of the Circuit Court, hoiden in April 1841, the plaintiff in error, declared against the defendant in debt, on a bill single. In the vacation thereafter, the plaintiff’s attornies noted on the docket, the failure to file a plea, and that a judgment by default was claimed.
Read the full summary
Wkit' of Error to tho Circuit Court of Randolph. At a term of the Circuit Court, hoiden in April 1841, the plaintiff in error, declared against the defendant in debt, on a bill single. In the vacation thereafter, the plaintiff’s attornies noted on the docket, the failure to file a plea, and that a judgment by default was claimed. At the spring term of 1842, this judgment was confirmed and entered in due form, though the defendant objected, and moved to set it aside on affidavit of merits, as well as an excuse for not pleading. At the fall term of 1842, the cause was tried and a verdict found…
1Opinion of the CourtCollier, C. J.
The act of 1837, “to regulate certain judicial proceedings,” enacts that the plaintiff shall file a declaration within the two first days of the term, where the court, is by law, holden for one week only; that the defendant shall plead or demur in two days thereafter; and if any other pleadings shall be necessary, the same shall be severally and successively filed within two days each, until an issue of fact, or law be made up. The act provides further, that the ¡ileadings shall be made up' during the term, unless further time be given by the court; that if plaintiff fail to carry on the…
2Cases cited2 opinions
- Lessee of Burgett v. BurgettOhio Supreme Court · 1824
- Copeland v. ClarkSupreme Court of Alabama · 1841
3Cited by6 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Russell v. StateSupreme Court of Alabama · 1859
- Cobb v. Miller, Ripley & Co.Supreme Court of Alabama · 1846
- Ex Parte KingSupreme Court of Alabama · 1935
- Perkerson v. SnodgrassSupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.