Hood v. Branch of the Bank of the State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. On the 6th of December, 1841, a judgment was rendered by the Circuit Court of Mobile, in favor of the defendant in error, against the plaintiff, and Simeon Douglass, for $423 21, the amount of a promissory note subscribed by them, together with costs.
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Writ of Error to the Circuit Court of Mobile. On the 6th of December, 1841, a judgment was rendered by the Circuit Court of Mobile, in favor of the defendant in error, against the plaintiff, and Simeon Douglass, for $423 21, the amount of a promissory note subscribed by them, together with costs. The plaintiffs in error, on the 6th of December, 1845, moved the court to vacate this judgment, on the ground, that Simeon Douglass, one of the defendants therein, was dead at- the time of its rendition; whereupon the judgment was set aside as to Douglass, and an entry made of a judgment against the…
1Opinion of the CourtCollier, C. J.
It may be conceded that a judgment is an entire thing, and if defective, should on error be reversed in toto, although the appellate court may, in a proper case, render it correctly. Yet this rule does not universally apply where the primary court is called on to correct or annul its judgment. If it be rendered in a case of which the court had no jurisdiction, then it would be proper to set aside the judgment, and if none could be rightfully acquired, repudiate the eause. Such was the predicament of the cases of Ex parte Sanford, 5 Ala. Rep. 562, and Ex parte Crenshaw, 15 Peters’ Rep. 119.
We…
2Cases cited2 opinions
- Dearing, Sink & Co. v. SmithSupreme Court of Alabama · 1842
- Ex parte SanfordSupreme Court of Alabama · 1843
3Cited by11 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- Moore v. EasleySupreme Court of Alabama · 1851
- Jackson v. ShipmanSupreme Court of Alabama · 1856
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