Legal Opinion

Bolin v. Sandlin

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 2 opinions

Appeal from Lamar Circuit Court. Tried before Hon. S. IT. SprOtt. Common law certiorari by Robert H. Bolin to annul a judgment rendered against him in favor of Catherine Sandlin in justice court. The facts appear in the opinion. cited, on the question .of jurisdiction, 90 Ala. 482; 98 Ala. 461; 102 Ala. 475. — In this case the errors complained of would have to he proven by evidence cle hors the record; and parol proof is not admissible. — Gray v. Ho.

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Appeal from Lamar Circuit Court. Tried before Hon. S. IT. SprOtt. Common law certiorari by Robert H. Bolin to annul a judgment rendered against him in favor of Catherine Sandlin in justice court. The facts appear in the opinion. cited, on the question .of jurisdiction, 90 Ala. 482; 98 Ala. 461; 102 Ala. 475. — In this case the errors complained of would have to he proven by evidence cle hors the record; and parol proof is not admissible. — Gray v. Ho. Ry., 116- Ala. 654; Tuscott v.. Roclen, 112 Ala. 632; --L G. H. R. R. Go. v. Christian, 82 Ala. 307. (2). In the absence of proof the…

1Opinion of the CourtHaralson, J.

J. — 1. This case originated before a justice of the peace, in which the appellee, the plaintiff, sued the appellant, the defendant below, to recover in detinue a gray mare. The defendant replevied the animal. On the trial, the justice rendered a judgment in favor of the plaintiff, in these words: “Nov. 26, 1898. After hearing all the evidence and statement in the above cause, the court gives judgment against the defendant and in favor of the plaintiff for $40, or the mare in good condition.” This judgment is informal and not ás perfectly rendered as, presumably, it would have been rendered…

2Cases cited2 opinions

  1. Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
  2. Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892

3Cited by2 opinions

  1. H. H. Hitt Lumber Co. v. TurnerSupreme Court of Alabama · 1914
  2. Webb & Stagg v. McPherson & Co.Supreme Court of Alabama · 1904

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