Tunstall v. Donald
Supreme Court of Alabama
Error to the Circuit Court of Baldwin. The record does not show before whom tried. The facts appear in the opinion of the court.
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Error to the Circuit Court of Baldwin. The record does not show before whom tried. The facts appear in the opinion of the court. The error assigned is, that judgment was rendered against plaintiff in error, in an action on two promissory notes, in favor of defendant, without declaration being filed. 1. A judgment by default, was rendered against the defendant below, at the spring term of the circuit court, 1848. The declaration in the case was filed as of the fall term following. This is a fatal error. Wheeler v. Bullard, 6 Port. 352; Napper v. Noland, 9 Porter, 218; ib. 511; Evans v.…
1Opinion of the CourtChilton, J.
Judgment was rendered in this case by nil dicit, at the spring term, 1848, and the declaration contained in the record is entitled of the fall term, 1848, and the error assigned is, that the judgment was rendered without a declaration. It is certainly true, that a judgment by default, *842where no declaration has been filed, is erroneous. Wellborn v. Sheppard, 5 Ala. Rep. 674; but the case before us is not in that category. Here, the parties appear, and the defendant says nothing in bar of the action, but it remains undefended. A declaration, setting forth a substantial cause of action, is in the…
2Cases cited1 opinion
- Wellborn v. SheppardSupreme Court of Alabama · 1843
3Cited by2 opinions
- Emanuel v. KetchumSupreme Court of Alabama · 1852
- Varner v. BarrettSupreme Court of Alabama · 1923