Holloway v. Henderson Lumber Co.
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Action by John L. Holloway and another against the Henderson Lumber Company for trespass’ to realty and the statutory penalty for cutting trees. Judgment for defendant, and plaintiffs appeal.
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Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. Action by John L. Holloway and another against the Henderson Lumber Company for trespass’ to realty and the statutory penalty for cutting trees. Judgment for defendant, and plaintiffs appeal. A motion was made in the lower court on June 5, 1915, to amend nunc pro tunc the bill of exceptions signed in said cause by the presiding judge on the 14th day of April, 1915, by inserting as a part of said bill of exceptions, on page 3 thereof, in the deed therein purported to be set out, which was offered in evidence by plaintiff on…
1Opinion of the Court
Anderson, C. J.—
(1, 2) This court has repeatedly held that after a bill of exceptions has been signed and *183has become a part of the record, and the term at which the case was tried has expired, the same is beyond the control of the judge, and he has no power to alter or amend same. — Briggs v. Tenn. C. & I. Co., 175 Ala. 130, 57 South. 882, and cases there cited. This court has never held, however, that the trial court cannot at another term correct it, like other parts of the record, as to clerical errors or omissions, so as' to make it speak the truth. In the case of Branch Bank v. Kinsey, 5…
2Cases cited3 opinions
- Branch Bank at Decatur v. KinseySupreme Court of Alabama · 1843
- Briggs v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1911
- Flowers v. JerniganSupreme Court of Alabama · 1897
3Cited by11 opinions
- Grayson v. SchwabSupreme Court of Alabama · 1938
- Mauney v. Electric Const. Co.Supreme Court of Alabama · 1924
- Berow v. BrownSupreme Court of Alabama · 1922
- Hardy v. City of DothanSupreme Court of Alabama · 1937
- Holloway v. Henderson Lumber Co.Alabama Court of Appeals · 1919
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