Murphree v. Whitley
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. Leroy E. Box. This action was brought by O. P. Whitley, against Jesse A. II.
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Appeal from the Circuit Court of Blount. Tried before the Hon. Leroy E. Box. This action was brought by O. P. Whitley, against Jesse A. II. Murphree, to recover a one-horse wagon; and was commenced before a justice of the peace, on the lltli June, 1880. The judgment rendered by the justice, as entered on his docket, was in these words: “ This day came the parties, in their own proper persons, and the defendant confessed judgment in favor of the plaintiff, for the property sued for in tlie action.” The defendant having taken an appeal from this judgment, to the Circuit Court, the plaintiff…
1Opinion of the CourtBrickell, C. J.
In Wilson v. Collins (9 Ala. 127); it was held that the statute, declaring a judgment by confession a release of errors (Clay’s Digest, 321, § 51), applied to the judgments of justices of the peace, as well as to the judgments of courts of record. The statute, -with this known. construction, has been re-enacted in' the subsequent revisions and codifications of the statutes, and now forms section 3915 of the Code of 1816. It was further held, in that case, that if the judgment was confessed by fraud or mistake, relief from it could only be obtained in equity. This decision is conclusive of the…
2Cases cited1 opinion
- Wilson v. CollinsSupreme Court of Alabama · 1846
3Cited by4 opinions
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- Ex Parte BrickellSupreme Court of Alabama · 1920
- Ex parte Industrial Finance & Thrift Corp.Supreme Court of Alabama · 1951
- Burke v. StateSupreme Court of Alabama · 1883