McLendon v. Jones
Supreme Court of Alabama
Writ of Error to the Circuit Court of Henry. The proceeding commenced with a notice, directed to Mc-Lendon, or his attorney, by which he is informed, that Jones, as the executor of Abner Hill, on the 3d Monday of April, 1844, at the Circuit Court, to be holden for Henry county, would proceed to establish a judgment against the defend ant, in the above stated case. (i. e.
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Writ of Error to the Circuit Court of Henry. The proceeding commenced with a notice, directed to Mc-Lendon, or his attorney, by which he is informed, that Jones, as the executor of Abner Hill, on the 3d Monday of April, 1844, at the Circuit Court, to be holden for Henry county, would proceed to establish a judgment against the defend ant, in the above stated case. (i. e. John Jones, executor of Abner Hill, deceased, v. Joel T. McLendon,) obtained at the fall term of said Court, in the year 1839, or thereabouts, for the sum of one hundred and fifty dollars, or thereabouts. This notice is dated…
1Opinion of the Court
GOL]JTHWAITE,J.
-1. The transcript in this cause show~ nothing whi~h is sufficient to support the judgment rendered by the Court; whether the proceeding i~ an original one, in the man~ ~r of an prdinary 5uit, or whether it is 1oolc~e4 upon as a pro-.~ee~ii1g to ~stit~to lpst p~pees, or to s~pply a ~w record in the place -of o'~ destroyed by fire, or other ac~ident. The c~n~ *300sequence is, that there must be a reversal of the judgment rendered. But, as we are, perhaps, authorized to infer, from a notice found in the transcript, this may be an attempt to supply the record, and proceedings of a…
2Cases cited3 opinions
- Dozier v. JoyceSupreme Court of Alabama · 1838
- Wilkerson v. BranhamSupreme Court of Alabama · 1843
- Williams v. PowellSupreme Court of Alabama · 1839
3Cited by23 opinions
- Yonge v. BroxsonSupreme Court of Alabama · 1853
- Adkinson v. KeelSupreme Court of Alabama · 1854
- Bradford v. StateSupreme Court of Alabama · 1875
- Dabney v. MitchellSupreme Court of Alabama · 1880
- Keen v. JordanSupreme Court of Florida · 1869
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