Legal Opinion

Crawford v. Planters' & Merchants' Bank

Supreme Court of Alabama

Decided June 15, 1842PublishedCited by 2 opinions

EkeoR to the Circuit Court of Mobile. This was a proceeding by motion in the Court below, by the Bank against William Crawford, P. T. Harris, H. G. Davis and Thomas L. Starke, on a note payable to the Bank. At the May term, 1S41, the following entry was made: Planters’ and Merchants’ Bank v. W. Crawford and P. T. Harris. — Motion to set aside judgment at this term and to continue the cause. Motion granted and cause continued.

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EkeoR to the Circuit Court of Mobile. This was a proceeding by motion in the Court below, by the Bank against William Crawford, P. T. Harris, H. G. Davis and Thomas L. Starke, on a note payable to the Bank. At the May term, 1S41, the following entry was made: Planters’ and Merchants’ Bank v. W. Crawford and P. T. Harris. — Motion to set aside judgment at this term and to continue the cause. Motion granted and cause continued. At the succeeding term judgment was rendered as follows: The Planters’ and Merchants’ Bank of Mobile v. William Craivford, Ptolemy T. Harris, Henry G. Davis, Thomas L.…

1Opinion of the CourtOrmond, J.

In the case of Broughton v. The State Bank [6 Porter, 48,] it was held that if no action is had upon a notice that a motion will be made for a judgment at the term to which the notice refers it had spent its force and cannot be af*314ter wards acted on; and that to authorize a judgment on the notice at a succeeding term, it must be submitted, to the Court at the term indicated in the notice and the motion continued. 'The same point was again thus ruled in Armstrong v. Robertson and Barnwell, [2 Ala. Rep. 164.]

It appears from the record that at the May term of the Court, 1841, a judgment was set…

2Cases cited2 opinions

  1. Armstrong v. RobertsonSupreme Court of Alabama · 1841
  2. Broughton v. President of the BankSupreme Court of Alabama · 1837

3Cited by2 opinions

  1. Burdine v. Grand Lodge of AlabamaSupreme Court of Alabama · 1861
  2. Crawford v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1844

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