Holford v. Alexander
Supreme Court of Alabama
Error to the County Court of Russell. The defendant in error, by his petition addressed to the judge of the county court, stated, that at the August term, 1848, of that court, the plaintiff recovered a judgment against the Planters and Mechanics Bank of Columbus, an institution incorporated by an act of the legislature of Georgia, for the sum of thirty thousand dollars.
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Error to the County Court of Russell. The defendant in error, by his petition addressed to the judge of the county court, stated, that at the August term, 1848, of that court, the plaintiff recovered a judgment against the Planters and Mechanics Bank of Columbus, an institution incorporated by an act of the legislature of Georgia, for the sum of thirty thousand dollars. Further, that in a certain proceeding had on behalf of the State of Georgia, in the nature of a quo warranto, in the superior court-of the county of Mus-cogee in that State, it was adjudged that the charter of the corporation…
1Opinion of the CourtCollier, C. J.
It is argued for the plaintiff in error, *286that the order of the county court, recalling the judgment against the Planters and Mechanics Bank of Columbus, is not a final disposition of that suit, arid therefore the writ of error should be dismissed. This argument cannot be supported. True, the cause is directed to be reinstated on the docket, that it may be tried de novo, but this is the mere consequence of the revocation of the judgment, nnd if the judgment should not have been annulled, will become inoperative by a reversal of the order, and can interpose no obstacle to its revision.
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2Cases cited6 opinions
- Perry v. WilsonMassachusetts Supreme Judicial Court · 1811
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
- Heirs of Hill v. Hill's ex'rsSupreme Court of Alabama · 1844
- Griffith v. OgleSupreme Court of Pennsylvania · 1806
- Wetmore v. PlantSupreme Court of Connecticut · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Commonwealth v. HarrisSupreme Court of Pennsylvania · 1945
- Nickels v. StateSupreme Court of Florida · 1923
- Chambers v. StateSupreme Court of Florida · 1934
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
22 more not listed; retrieve them via the Exa API.