Smith v. Redus
Supreme Court of Alabama
Writ of Error to the Circuit Court of Limestone. ' This was a proceeding by scire facias, at the suit of the defendants in error, to revive a judgment in a suit in which Elizabeth B. Wood, an infant under the age of twenty-one years, by her next friend Sampson Wood, was plaintiff, and plaintiff in error was defendant; upon an allegation that the same was in full force, and unsatisfied, and that Elizabeth B. had intermarried with Alfred H. Redus, with whom she united in…
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Writ of Error to the Circuit Court of Limestone. ' This was a proceeding by scire facias, at the suit of the defendants in error, to revive a judgment in a suit in which Elizabeth B. Wood, an infant under the age of twenty-one years, by her next friend Sampson Wood, was plaintiff, and plaintiff in error was defendant; upon an allegation that the same was in full force, and unsatisfied, and that Elizabeth B. had intermarried with Alfred H. Redus, with whom she united in prosecuting the scire facias'. The defendant pleaded — 1. Nul tiel record. 2. That the judgment sought to be revived had been…
1Opinion of the Court
COLLIER; C. J.
By the act of 1807, it is enacted that no summons, wrif, declaration, return, process, judgment, or other proceedings shall be abated, arrested, quashed, or reversed, for any defect, or want of form, &c.; audit shall be competent to amend “ imperfections, defects, and want of form, (other than those which the party demurring shall express, &c.,) or any mistake of the Christian name, or surname of either party, sum of money, quantity of merchandize, day, month, or year, in the declaration or pleading, the name, sum or quantity, or time, being right in any part of the record or…
2Cases cited4 opinions
- Catlin, Peeples & Co. v. GildersSupreme Court of Alabama · 1842
- Mackay v. DodgeSupreme Court of Alabama · 1843
- Murray v. CharlesSupreme Court of Alabama · 1843
- Patterson v. BurnettSupreme Court of Alabama · 1844
3Cited by12 opinions
- Hines v. SeibelsSupreme Court of Alabama · 1920
- Paskewie v. East St. Louis & Suburban Railway Co.Illinois Supreme Court · 1917
- Jackson v. ShipmanSupreme Court of Alabama · 1856
- Dane v. McArthurSupreme Court of Alabama · 1876
- Collins v. GillespySupreme Court of Alabama · 1906
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