Robertson v. King
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. George E. Brewer. The appellee, M. A. King, brought an action of detinue against Z. J. Robertson and J. W. Lambert, for the recovery of certain specifically described property.
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. George E. Brewer. The appellee, M. A. King, brought an action of detinue against Z. J. Robertson and J. W. Lambert, for the recovery of certain specifically described property. The suit was originally commenced in a justice of the peace court, and upon judgment being rendered for the plaintiff the defendants took an appeal to the circuit court, giving an appeal bond upon which W. H. Lindsey and G. W. Wager were sureties. On the trial of the case in the circuit court, the complaint was amended by striking out J. W. Lambert as a…
1Opinion of the CourtHaralson, J.
Motion for the correction of a judgment nunc pro tunc.
The object of a judgment nunc pro tunc is not, as has been well said, the rendering of a new judgment, and the ascertainment and determination of new rights, but is one placing in proper form on the record, the judgment that had been previously rendered, to make it speak the truth, — so as to show what the judicial action really was ; not to correct judicial errors, nor to supply non-action by the court, however erroneous the judgment rendered may have been.—Dumas v. Hunter, 30 Ala. 188; Browder v. Faulkner, 82 Ala. 257.
At common law,…
2Cases cited5 opinions
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Browder v. FaulknerSupreme Court of Alabama · 1886
- Harris v. MartinSupreme Court of Alabama · 1865
- Dumas v. HunterSupreme Court of Alabama · 1857
- Rich v. LowenthalSupreme Court of Alabama · 1892
3Cited by8 opinions
- Curry v. StateSupreme Court of Alabama · 1919
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Wyatt v. StateAlabama Court of Appeals · 1951
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- Sisson v. LeonardSupreme Court of Alabama · 1942
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