Pomeroy v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. F. Bugbee. The transcript in tbis case contains only tbe judgment nisi, tbe scire facias thereon, and tbe judgment final, which are in tbe following words: “The State vs. C.B.
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe Hon. F. Bugbee. The transcript in tbis case contains only tbe judgment nisi, tbe scire facias thereon, and tbe judgment final, which are in tbe following words: “The State vs. C.B. Smith.}May 17,1864. Came the State, by the attorney-general; and C. Pomeroy, a witness subpoenaed on the part of tbe State, being called to appear and testify, came not, but made default ; and it appearing to tbe court that tbe subpoena issued in tbis behalf has been duly executed and returned, on motion it is considered by tbe court, that tbe State of…
1Opinion of the CourtA. J. Walker, C. J.
We can not ascertain that there was error in overruling the plea of nul tid record. We understand the assertion that the plea was overruled to mean, that the issue upon it was tried, and decided adversely to the defendant. The' evidence upon which this decision was made is not presented to us by bill of exceptions, and we therefore are unable to revise it.
[2.] The demurer did not state any specific objection to the scire facias, and, therefore, was properly overruled, without regard to the merits or demerits of the scire facias. Helvenstein v. Higgason, 35 Ala. 259.
[3.] The sufficiency of the…
2Cases cited2 opinions
- Helvenstein v. HiggasonSupreme Court of Alabama · 1859
- Emanuel v. KetchumSupreme Court of Alabama · 1852
3Cited by5 opinions
- Chambers v. WrightSupreme Court of Alabama · 1875
- Oliveri v. StateAlabama Court of Appeals · 1915
- Barefield v. StateAlabama Court of Appeals · 1916
- James v. MoseleySupreme Court of Alabama · 1872
- McKinnon v. StateAlabama Court of Appeals · 1949