Brown v. Little
Supreme Court of Alabama
Writ of Error to the Circuit Court of Washington. At the spring term of said court, for the year 1845, Sarah Little, as the executrix of George W. Little, filed a declaration in assumpsit, against Benjamin I. Brown, on a note, dated 7th October, 1843, payable to Geo. W. Little, on the 1st March, 1845, for one thousand dollars. No process appears in the transcript, nor was there any appearance by attorney.
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Writ of Error to the Circuit Court of Washington. At the spring term of said court, for the year 1845, Sarah Little, as the executrix of George W. Little, filed a declaration in assumpsit, against Benjamin I. Brown, on a note, dated 7th October, 1843, payable to Geo. W. Little, on the 1st March, 1845, for one thousand dollars. No process appears in the transcript, nor was there any appearance by attorney. At the same term a judgment was entered in these terms : “ This day came Sarah Little, executrix of the last will and testament of Geo. W. Little, deceased, and exhibited to the court here,…
1Opinion of the CourtGoldthwaite, J.
The practice in the English courts with relation to warrants of attorney, is somewhat different from that which prevails with us. There, writs of er-" ror upon judgments entered by warrant, are never heard of, but the courts control their abuse, and correct irregularities in the proceedings by motion. [2 Chitty’s G. P. 333.] As a preliminary to allowing judgments of this nature to be entered up, the courts require, in general, the affidavit of the subscribing witness to the execution of the warrant; and also, an affidavit that the debt continues due. [3 Ib. 671.] With us, the mode is to apply…
2Cases cited1 opinion
- Hodges v. Ashurst & SonsSupreme Court of Alabama · 1841
3Cited by3 opinions
- Edgar v. GreerSupreme Court of Iowa · 1858
- Hearn v. StateSupreme Court of Alabama · 1878
- Giddens v. Crenshaw CountySupreme Court of Alabama · 1883