Tippins v. Peters
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. John R. Tyson. All the facts are sufficiently stated in th The recital in the judgment that the plaintiff recover the entire cost, was a clerical error, and should have been amended on motion of defendant, so as to limit plaintiff’s recovery of costs to an amount not greater than the damages assesssed. — Sherry v. Priest, 57 Ala. 410, and cases cited ■therein.
1Opinion of the CourtBrio Kell, C. J.
The appellee, plaintiff in an action of trespass for an injury to lands, on the verdict of a jury, recovered judgment against the appellant, the defendant in the action, for six dollars, the damages assessed by the jury, and full costs, the presiding judge not certifying that greater damages should have been awarded. At a subsequent term, the appellant moved to amend the judgment so that the recovery of costs should be limited to the amount of the damages assessed. The motion was overruled, and from the judgment overruling it, the appeal is taken.
The statute, (Code, § 2888), declares that “in…
2Cases cited6 opinions
- Browder v. FaulknerSupreme Court of Alabama · 1886
- Ex parte RobinsonSupreme Court of Alabama · 1882
- Tecumseh Iron Co. v. MangumSupreme Court of Alabama · 1880
- Emerson v. HeardSupreme Court of Alabama · 1886
- Galle v. LynchSupreme Court of Alabama · 1852
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3Cited by9 opinions
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- First Nat. Bank of Birmingham v. GarrisonSupreme Court of Alabama · 1938
- Ex Parte BiddleSupreme Court of Alabama · 1952
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906
- Dorrough v. MacKensonSupreme Court of Alabama · 1936
4 more not listed; retrieve them via the Exa API.