Hearn v. State
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. The appellant, Van McDowell, was indicted at the Eall term, 1878, of the Circuit Court of Chambers county, for removing mortgaged property, of the value of sixty dollars.
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Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. The appellant, Van McDowell, was indicted at the Eall term, 1878, of the Circuit Court of Chambers county, for removing mortgaged property, of the value of sixty dollars. The judgment on his trial recites, that “ the defendant came in his own proper person and by attorney and pleads guilty as charged in the indictment, and by consent of the solicitor and of the defendant, and of the parties confessing judgment with him, the judgment will be a fine of one hundred dollars. It is therefore considered that the State of Alabama,…
1Opinion of the CourtStone, J.
“A confession of judgment is in law a release of errors.” — Code of 1876, § 3945; Revised Code, § 3504; 2 Brick. Dig. 138-9, §§ 116, 117, 118, 123. In the present case a judgment was voluntarily confessed for money, and the case is thus made to assume the form and quality of a civil suit. It does not avail, to avoid a confessed judgment, that there are no pleadings or process, or that the same are *220irregular. The confession heals all these errors. Consensus toilet errorem. Hence we need not and do not inquire whether the Circuit Court, after the plea of guilty in this cause, was authorized to…
2Cases cited4 opinions
- Elliott v. Holbrook, Carter & Co.Supreme Court of Alabama · 1859
- Hodges v. Ashurst & SonsSupreme Court of Alabama · 1841
- Bissell v. Carville & Co.Supreme Court of Alabama · 1844
- Brown v. LittleSupreme Court of Alabama · 1846
3Cited by2 opinions
- State ex rel. Montgomery County v. AllenSupreme Court of Alabama · 1882
- Kemp v. LyonSupreme Court of Alabama · 1884