Legal Opinion

Carlisle v. Killebrew

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 4 opinions

Appeal from the Circuit Court oí Dale. Tried before the Hon. H. D. Clayton, as special judge. This was a motion by R. K. Carlisle, to vacate and set aside a judgment recovered against him, at a‘former term of the court, by M. N. Killebrew, for a tract of land “which was described in the complaint, verdict and judgment, as Fraction 12, a part of the S. E. ¿ and N. E. -£, sec. 16, T. 4,R. 4, containing 34.75 acres.”

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Appeal from the Circuit Court oí Dale. Tried before the Hon. H. D. Clayton, as special judge. This was a motion by R. K. Carlisle, to vacate and set aside a judgment recovered against him, at a‘former term of the court, by M. N. Killebrew, for a tract of land “which was described in the complaint, verdict and judgment, as Fraction 12, a part of the S. E. ¿ and N. E. -£, sec. 16, T. 4,R. 4, containing 34.75 acres.” On thé evidence adduced, which it is unnecessary to state, the court overruled and refused the motion; and its judgment, to which an exception was reserved, is now assigned as error.

1Opinion of the CourtColeman, J.

A court is without power to alter, vary or annul final judgments, after the close of the term at which they were rendered, unless it be for the correction of clerical errors or omissions. When a court, however, has rendered a judgment void on its face, either from a want of jurisdiction of the subject-matter or of the parties, such judgment may be vacated at any subsequent term.—Buchanan v. Thomason, 70 Ala. 402; Baker v. Barcliff 76 Ala. 417; Cox v. Jones, 40 Ala. 296.

Every judgment of a court of justice must be perfect in itself, or capable of being made perfect by reference to the…

2Cases cited6 opinions

  1. Alexander v. WheelerSupreme Court of Alabama · 1881
  2. Carlisle v. KillebrewSupreme Court of Alabama · 1889
  3. Buchanan v. ThomasonSupreme Court of Alabama · 1881
  4. De Sepulveda v. BaughCalifornia Supreme Court · 1887
  5. Chapman v. HoldingSupreme Court of Alabama · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Lessley v. PraterSupreme Court of Alabama · 1917
  2. Martin v. AtkinsonSupreme Court of Alabama · 1895
  3. Soulard v. Vacuum Oil Co.Supreme Court of Alabama · 1895
  4. Carter v. SmithSupreme Court of Alabama · 1907

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