Womack v. Sanford
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dallas. Tried before the Hon. Nat. Cook. The appellant in this-case made a motion, at the spring term, I860, of said circuit court, to have satisfaction entered, nimepro tunc, as of the spring term, 1854, of a judgment which J. & C. B. Sanford had previously recovered against him.
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Appeal from tbe Circuit Court of Dallas. Tried before the Hon. Nat. Cook. The appellant in this-case made a motion, at the spring term, I860, of said circuit court, to have satisfaction entered, nimepro tunc, as of the spring term, 1854, of a judgment which J. & C. B. Sanford had previously recovered against him. The evidence offered in support of the motion, as the bill of exceptions shows, consisted of the original motion for the entryef satisfaction, made at the spring term, 1853 ; an order of continuance, written across the face of said motion on the docket, in the hand-writing of the…
1Opinion of the CourtStone, J.
The ruling of this court in the case of Lewis v. Lewis, (25 Ala. 315,) in effect declares, that unless the entry on. the judge’s docket, when considered' in connection with the other papers-in the cause, contains enough to justify a valid j udgment, then no judgment nunc pro tunc should be rendered. In other words, the circuit court, in such a case as this, should enter up no j udgment-nunc pro tunc, in the absence of evidence that notice had been, given of the motion. — Baylor v. McGregor, 1 Stew. & Por. 158 ; Clemens v. Crawford, 1 Ala. 531; McKissick v. Davis, 18 Ala. 315. See, also,…
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- Lewis v. LewisSupreme Court of Alabama · 1854
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