Wilkerson v. Goldthwaite
Supreme Court of Alabama
In this case the plaintiff in error, as administrator of George Wilkerson, deceased, moved the Circuit Court of Montgomery county, for an order to perfect a judgment rendered some time before, in favor of his intestate, against the defendant. George Wilkerson had brought his action against Goldthvvaite to recover the amount of a bill of exchange. There was a demurrer to the evidence, and on that demurrer a judgment was rendered for the plaintiff.
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In this case the plaintiff in error, as administrator of George Wilkerson, deceased, moved the Circuit Court of Montgomery county, for an order to perfect a judgment rendered some time before, in favor of his intestate, against the defendant. George Wilkerson had brought his action against Goldthvvaite to recover the amount of a bill of exchange. There was a demurrer to the evidence, and on that demurrer a judgment was rendered for the plaintiff. The clerk had omitted, in entering the judgment, to insert the amount recovered; and after several years had elapsed, during which executions had…
1Opinion of the CourtWhite, J.
George Wilber son now deceased, commenced suit on a bill of exchange against Henry Goldthwaite, in the Circuit Court of Montgomery county. To the evidence adduced by the plaintiff, the defendant demurred, and at the April term 1823, the Court overruled the demurrer and adjudged the evidence sufficient to maintain the issue on the part of the plaintiff. The clerk in entering the judgment failed to mention the sum recovered. The words of the judgment after stating the case and the examination thereof by the Court are as follows: “Itseems to the Court that the said evidence is sufficient in *168law…
2Cited by1 opinion
- McGowan v. SimmonsSupreme Court of Alabama · 1914