Crawford v. Planters' & Merchants' Bank of Mobile
Supreme Court of Alabama
ERROR to the Circuit Court of of Mobile. This suit was commenced by the defendant in error, by a motion against William Crawford, P. T. Harris, H. G. Davis and T. L. Starke, on a note payable to the bank, and was previously before this court at the instance of the present plaintiffs (except Starke, since dead) when the judgment was reversed and the cause remanded. [See the case, 4 Ala.
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ERROR to the Circuit Court of of Mobile. This suit was commenced by the defendant in error, by a motion against William Crawford, P. T. Harris, H. G. Davis and T. L. Starke, on a note payable to the bank, and was previously before this court at the instance of the present plaintiffs (except Starke, since dead) when the judgment was reversed and the cause remanded. [See the case, 4 Ala. Rep. 315.] The record now presented to the court, discloses the original notice executed, and a judgment of the court in favor of the plaintiff against Crawford, Harris, Davis and Starke, rendered at the May…
1Opinion of the CourtOrmond, J.
When this cause was before this court at a previous term, [4 Ala. 313] the judgment was reversed and the cause remanded, because it appeared from the record as then presented, that a judgment which was afterwards set aside, was rendered against two of the defendants only, and without any continuance of the motion against the other two, a judgment was subsequently rendered against them also. The record now discloses, that the original judgment was against all four of the defendants, and there can be no doubt of the power of the court to amend the judgment entry, setting aside the first…
2Cases cited4 opinions
- Curry v. Bank of MobileSupreme Court of Alabama · 1839
- President of the Bank of Utica v. SmedesNew York Supreme Court · 1824
- Roberts v. State BankSupreme Court of Alabama · 1839
- Crawford v. Planters' & Merchants' BankSupreme Court of Alabama · 1842
3Cited by5 opinions
- Carson v. StateSupreme Court of Alabama · 1881
- Farmers' Mill & Elevator Co. v. HodgesCourt of Appeals of Texas · 1923
- Jemison v. Plant. & Mer. BankSupreme Court of Alabama · 1850
- Lester v. Bank of MobileSupreme Court of Alabama · 1845
- Rush v. McDonnellSupreme Court of Alabama · 1925