Gibson v. Wilson
Supreme Court of Alabama
Error to the County Court of Talladega. This case presents but one point, viz: — the power of the court at a subsequent term to amend a judgment rendered at the previous term of the County Court, and render judgment against the successful party for half the cost.
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Error to the County Court of Talladega. This case presents but one point, viz: — the power of the court at a subsequent term to amend a judgment rendered at the previous term of the County Court, and render judgment against the successful party for half the cost. It has been repeatedly held by this oourt that it cannot be done. — ^-See Locke v. Noland, 16 Ala. 52; Johnson v. Glascock, 2 ib. 591; 12 Peters, 492. 1. If in any case removed from a justice’s court into the County Court, the plaintiff recovers less than he had recovered in the justice’s court, .and the clerk of the County Court by…
1Opinion of the CourtDargan, C. J.
The plaintiff brought five suits before a justice of the peace against the defendant on five promissory notes. Judgments were rendered by the justice in favor of the plaintiff, and the defendant, having paid upon them all that he supposed he was legally bound to pay, applied to the judge of, the County Court for writs of certiorari, which were granted, and the causes removed to the County Court. A motion was made in that court to consolidate all the suits into one, which was granted. A trial was then had, and the jury returned a verdict in favor of the plaintiff for twenty-five cents, for…
2Cases cited2 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Noland v. LockSupreme Court of Alabama · 1849
3Cited by4 opinions
- Smith v. SmithSupreme Court of Alabama · 1871
- Ex Parte BrickellSupreme Court of Alabama · 1920
- Moore v. . HinnantSupreme Court of North Carolina · 1884
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906