Memphis & Charleston Railroad v. Whorley
Supreme Court of Alabama
Appeals from the Circuit Court of Limestone. Tried before the Hon. H. C. Speake. These two appeals are parts of one and the same case, and were argued and submitted together.
Read the full summary
Appeals from the Circuit Court of Limestone. Tried before the Hon. H. C. Speake. These two appeals are parts of one and the same case, and were argued and submitted together. The records show that, at the Api’il term of said Circuit Court, 1874, a judgment by default was rendered in favor of J. & L. Whorley, suing as partners, against William Greet, and a writ of inquiry as to damages was awarded ; and on the execution of the writ, at the next term, the damages were assessed at $195.47. On the 29th September, 1877, a garnishment was sued out on this judgment against the Memphis & Charleston…
1Opinion of the CourtSomebyille, J.
— These two causes were submitted in connection, the one being an appeal from a judgment against the appellant as garnishee, and the other a subsequent appeal from the same judgment, as amended nunc pro' tunc.
■ When the cause was last before us for consideration, it was held that the judgment-entry against the garnishee could be amended at a subsequent term, nimcpro tunc, so as to make it recite the amount of the original judgment against the debtor, which had been omitted by clerical misprision.— Whorley v. Memphis & Charleston R. R. Co., 72 Ala. 20. The amendment having been made in…
2Cases cited9 opinions
- Collier v. FalkSupreme Court of Alabama · 1880
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Taylor v. HarwellSupreme Court of Alabama · 1880
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Ex parte GilmerSupreme Court of Alabama · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Guaranty Funding Corporation v. BollingSupreme Court of Alabama · 1972
- Lincoln Nat. Bank v. PerryCourt of Appeals for the Eighth Circuit · 1895
- Boyett v. Frankfort Chair Co.Supreme Court of Alabama · 1907
4 more not listed; retrieve them via the Exa API.