Beverly v. Stephens
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the lion. John Bragg. The facts are sufficiently stated in the opinion of the court to render it intelligible. No omission or irregularity in the proceedings in the Circuit Court can be supplied by intendment. — Brown v. Wheeler, 3 Ala. 287; 8 Port. 360; Allums et al. v. Hanley, 8 Ala. 586; 15 ib. 81; 14 ib. 573. The first introduction of the cause into the Circuit Court was the rendition of the judgment.
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Error to the Circuit Court of Mobile. Tried before the lion. John Bragg. The facts are sufficiently stated in the opinion of the court to render it intelligible. No omission or irregularity in the proceedings in the Circuit Court can be supplied by intendment. — Brown v. Wheeler, 3 Ala. 287; 8 Port. 360; Allums et al. v. Hanley, 8 Ala. 586; 15 ib. 81; 14 ib. 573. The first introduction of the cause into the Circuit Court was the rendition of the judgment. The recital in the record is no evidence that the suit was transfered to that court. — Saunders v. Morse, 3 How. (Miss.) Rep. 101.— When…
1Opinion of the CourtChilton, J.
>1. It is insisted on the part of the plaintiffs in error, that the record in this case shows no suit or other proceeding pending in the Circuit Court, on which a judgment could be rendered against them. We do not think this objection is sustained by the record. It is true the proceedings were commenced in the Circuit Court of the United States, holden at Mobile, but the record shows that, by consent, the cause was transfered to the Circuit Court, where the judgment was rendered. This is not only shown by a recital in the judgment entry, but it sufficiently appears by the agreement of the…
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