Hollis v. Herzberg Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before, the Hon. A. H. Alston. The appeal in this case is prosecuted by the defendant in the court below from a judgment reviving a dormant judgment previously recovered against the defendant.
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Appeal from the Circuit Court of Etowah. Tried before, the Hon. A. H. Alston. The appeal in this case is prosecuted by the defendant in the court below from a judgment reviving a dormant judgment previously recovered against the defendant. The judgment appealed from was in words and figures as follows: “On this the 6th day of November, 1899, came W. I. Herzberg and L. L. Herzberg, partners, doing business under the name and style of Herzberg Bros., and shows to the court that on the 24th day of July, 1886, H. Herzberg recovered in the circuit court of Etowah county judgment against J. P.…
1Opinion of the CourtMcCLELLAN, C. J.
The certificate of the clerk shows that the record before us “contains a full and complete transcript of the record and proceedings” of the circuit court on the scire facias of Herzberg Bros, against Hollis. The record does not show that there had been any continuance of the scire facias proceedings at the term of court prior to that at which the judgment of revivor now appealed from was rendered. The certificate must, therefore, be taken as negativing any such continuance; and in the face of it we cannot presume for the purpose of supporting the judgment of revivor that the scire facias had…
2Cited by2 opinions
- Oliver v. KinneySupreme Court of Alabama · 1911
- Caravella v. Bernheim Distilling Co.Alabama Court of Appeals · 1915