Ortez v. Jewett & Co.
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. J. F. Jewett & Co. recovered a judgment against Diego Ortez before a justice of tiie peace, which the defendant removed by appeal to the Circuit Court, where plaintiffs again recovered judgment. The facts of the case, and the errors assigned, will be readily understood from the opinion.
1Opinion of the CourtPhelan, J.
It appears that the court below allowed a statement which bad been lost to be substituted after judgment, but the record does not show that the plaintiff in error had notice of the motion.
It was decided in Wilkinson v. Branham, 6 Ala. 608, that, although it was a proper practico to require notice to be given in such a case, yet, if it was done without, the action of the court was not reversible. But this court has also decided, that where a judgment is rendered as on issue joined, if a declaration or plea is wanting, we will intend that they have been lost *663from the files, so that the want of…
2Cases cited2 opinions
- James Reid & Co. v. McLeodSupreme Court of Alabama · 1852
- Snow & Co. v. RaySupreme Court of Alabama · 1841
3Cited by24 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
- Baker v. StateSupreme Court of Alabama · 1923
- Bessemer Land & Improvement Co. v. DuboseSupreme Court of Alabama · 1899
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