Wilmerding v. Corbin Banking Co.
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. G-. K. Miller. These two cases, growing out of the same litigation, are submitted and decided together. The facts relating to each of the cases are sufficiently stated in the opinion.
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Appeal from the City Court of Talladega. Tried before the Hon. G-. K. Miller. These two cases, growing out of the same litigation, are submitted and decided together. The facts relating to each of the cases are sufficiently stated in the opinion. The court was without authority to amend a judgment nunc pro tunc, as was done in this case.—1 Black on Judgments, § 185; Windsor v. McVeigh, 93 U. S. 274; Gunter v. Lamar, 39 Ala. 324; Browder v. Faulkner, 82 Ala. 257. The court, was without jurisdiction to render judgment by default against the defendant. The levy of the judgment in the present…
1Opinion of the CourtHabalson, J.
In September, 1895, The Corbin Banking Company, a non-resident of this State, sued out before the clerk of the city court of' Talladega, under section 3923 of the Code of 1886, an attachment against *272.Mrs. E. E. Wilmercling, the appellant, another non-resident of the State, which was returned to said city -court, and on the 13th November following, without appearance of, or personal service on, defendant, a personal . judgment was rendered against her, on what purported .to be a non-resident publication. This attachment was .levied by the sheriff on certain lands lying in this State, .alleged…
2Cases cited13 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Millar v. BabcockMichigan Supreme Court · 1874
- Haywood v. CollinsIllinois Supreme Court · 1871
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Anderson v. CoburnWisconsin Supreme Court · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Finch v. FinchSupreme Court of Alabama · 1985
- Goodwater Warehouse Co. v. StreetSupreme Court of Alabama · 1902
- Briggs v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1911
- Pierce v. American General Finance, Inc.Supreme Court of Alabama · 2008
- Hurt v. KnoxSupreme Court of Alabama · 1930
29 more not listed; retrieve them via the Exa API.