Ford v. Tinchant & Brother
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. M. J. Saffold. The record in this case shows that, on the 27th June, 1867, an action was commenced by summons and complaint, in the City Court of Selma, at the suit of Tinchant & Brother, against James Ford individually. The complaint contained two counts: one, on an account stated; and the other, for goods sold and delivered.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. M. J. Saffold. The record in this case shows that, on the 27th June, 1867, an action was commenced by summons and complaint, in the City Court of Selma, at the suit of Tinchant & Brother, against James Ford individually. The complaint contained two counts: one, on an account stated; and the other, for goods sold and delivered. On the abolition of said City .Court, the causes standing on its docket were transferred to the Circuit Court of Dallas. At the December Term, 1870, of said Circuit Court, several causes stood on its docket,…
1Opinion of the CourtB. F. Saffold, J.
— The plaintiffs’ amendment of their motion to reinstate a case seems to have been an abandonment of the original motion to have placed on the Circuit Court docket a cause which the clerk had omitted to transcribe from the City Court docket, and the substitution of a new motion to return to the docket a case, withdrawn in consequence of an erroneous judgment rendered in it by mistake, for the purpose of amending that judgment nunc fro tunc. The defendant admits in his bill of exceptions that the summons and complaint in the former belong to the latter case. The questions, therefore, to be…
2Cases cited3 opinions
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- Moody v. KeenerSupreme Court of Alabama · 1839
3Cited by13 opinions
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