Ex parte Gilmer
Supreme Court of Alabama
Application by petition, under oath, by Captain Gilmer, for a mandamus, or other appropriate writ, to the Circuit Court of Montgomery, Hon. J. Q. Smith presiding, to compel that court to vacate and set aside a judgment rendered nunc pro tunc, as hereinafter set out, in a cause in which Margaret Robinson was plaintiff, and said Gilmer was defendant.
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Application by petition, under oath, by Captain Gilmer, for a mandamus, or other appropriate writ, to the Circuit Court of Montgomery, Hon. J. Q. Smith presiding, to compel that court to vacate and set aside a judgment rendered nunc pro tunc, as hereinafter set out, in a cause in which Margaret Robinson was plaintiff, and said Gilmer was defendant. The action in which said judgment was rendered, as shown by the transcript made an exhibit to the petition, was brought by Mrs. Robinson, was founded on a promissory note executed by the defendant, and was commenced in a justice’s court. The…
1Opinion of the CourtStone, J.
As far back as 1827 it was decided in this court that, in entering judgments nunc pro tunc, only record evidence, or evidence quasi of record, could be looked to. Oral proof can not be considered; for, to allow it, would be to contradict the record by parol testimony. — Draughan v. Tombeckbee Bank, 1 Stew. 66; Thompson v. Miller, 2 Stew. 470; Reid v. Brashear, 7 Por. 448; Armstrong v. Robinson, 2 Ala. 164; Benford v. Daniels, 13 Ala. 667; Lewis v. Lewis, 25 Ala. 315; Farmer v. Wilson, 34 Ala. 76; Harris v. Martin, 89 Ala. 556; Summersett v. Summersett, 40 Ala. 596. It is equally well settled,…
2Cases cited11 opinions
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
- Eufaula Water Co. v. Addyston Pipe & Steel Co.Supreme Court of Alabama · 1889
- Ex parte HendreeSupreme Court of Alabama · 1873
- Thompson v. MillerSupreme Court of Alabama · 1830
- Heflin v. Rock Mills Manufacturing & Lumber Co.Supreme Court of Alabama · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Faith Properties, LLC v. First Commercial BankSupreme Court of Alabama · 2008
- Ex Parte Progressive Specialty Ins. Co.Supreme Court of Alabama · 2009
- Sparks v. StateAlabama Court of Appeals · 1959
- Memphis & Charleston Railroad v. WhorleySupreme Court of Alabama · 1883
- Ryals v. Lathan Co.Supreme Court of Alabama · 2011
8 more not listed; retrieve them via the Exa API.