Fugua v. Carriel
Supreme Court of Alabama
JOHN D. CARRIEL and John Martin brought an actiore of Debt in the Circuit Court of Franklin, against Ephraim Fugua and Thomas Hewitt,, on their Bill single, dated 4tb 6ay December, 1818, for the payment of $470, twelve months after date, “ to bear interest from the date if not punctually paid.”
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JOHN D. CARRIEL and John Martin brought an actiore of Debt in the Circuit Court of Franklin, against Ephraim Fugua and Thomas Hewitt,, on their Bill single, dated 4tb 6ay December, 1818, for the payment of $470, twelve months after date, “ to bear interest from the date if not punctually paid.” The writ was returned, and declaration filed at February term, 1820. At the next term, the defendants withdrawing their plea, judgment by nil dicit was entered for the Debt and $21t\3-j Damages. At April term, 1821, (being the next after the judgment above mentioned) an entry in the cause was made,…
1Opinion of the Court
Opinion of the Court delivered by
Judge Crenshaw.
We have no hesitation in saying that the Circuit Court had power to enter a judgment nunc pro tunc; and that urn der the circumstances of this case, notice to the opposite party was not necessary; for if there was any mistake in em-te ring the judgment,, it was a mistake apparent from the Record, and the amendment was made at the earliest opr portunity after its occurrence, viz. at the first term after the judgment. But the judgment, as the entry stands amended, appears to include interest from the date to the maturity of the Note. This, in an…
2Cited by3 opinions
- Loring v. GroomerSupreme Court of Missouri · 1892
- Moody v. KeenerSupreme Court of Alabama · 1839
- Stokes v. ShannonMississippi Supreme Court · 1878