West v. Galloway's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court oí Shelby. Tried before the lion. Wi. S. Mudd. This action was brought by Grandison Galloway, as the administrator of Nancy Galloway, deceased, against Hugh R. West, and John P. West. At the return term' of the writ, a judgment by default was rendered against both the defendants.
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Appeal from the Circuit Court oí Shelby. Tried before the lion. Wi. S. Mudd. This action was brought by Grandison Galloway, as the administrator of Nancy Galloway, deceased, against Hugh R. West, and John P. West. At the return term' of the writ, a judgment by default was rendered against both the defendants. At the next term, held in March, 1858, the plaintiff moved the court to amend this judgment nunc fro tune, as of the preceding term, “ so as to set forth in said judgment entry that the service of the summons and complaint upon the defendants was proved to the satisfaction of the court…
1Opinion of the Court
STONE, J.—
In considering the motion to enter judgment nunc pro tunc, the primary court should have regarded only the record evidence.—Thompson v. Miller, 2 Stew. 470.
The evidence adduced was record evidence, and it authorized the correction of the judgment nunc pro nunc. Thompson v. Miller, supra; Brown v. Bartlett, 2 Ala. 29; Spence v. Rutledge, 11 Ala. 590,
The judgment being regular, and that judgment relating back to the time it was first rendered, it must be affirmed.
2Cases cited3 opinions
- Thompson v. MillerSupreme Court of Alabama · 1830
- Brown v. BartlettSupreme Court of Alabama · 1841
- Spence v. RutledgeSupreme Court of Alabama · 1847
3Cited by1 opinion
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893