Herring v. Cherry, Smith & Co.
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before lion. H. D. Clayton. This was a motion by the plaintiffs in a statutory real action in the nature of ejectment, appellees in this court, to amend the record nmic pro tuno by entering judgment in their favor. As recited in the bill of exceptions, on the hearing of the motion it was shown that “there was on file in the said cause a paper-writing as follows : ‘We, the jury, find verdict for the plaintiff.
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Appeal from Lee Circuit Court. Tried before lion. H. D. Clayton. This was a motion by the plaintiffs in a statutory real action in the nature of ejectment, appellees in this court, to amend the record nmic pro tuno by entering judgment in their favor. As recited in the bill of exceptions, on the hearing of the motion it was shown that “there was on file in the said cause a paper-writing as follows : ‘We, the jury, find verdict for the plaintiff. C. W. Peabody, Foreman.’ Said writing was not indorsed on the complaint, or any paper in the cause, but was written on a separate piece of paper, on…
1Opinion of the CourtSomeb.ville, J.
The amendment authorized by' the circuit court in this case was improperly allowed under the rule prevailing in this State in reference to making amendments of records nunc pro tunc. Our established practice is to permit such amendments to be made only on matters of record, or quasi of record, and parol evidence is never admissible in aid of such a motion.—Lilly v. Larkin, 66 Ala. 126 ; Nabers v. Meredith, 67 Ala. 333; Metcalf v. Metcalf 19 Ala. 319; Draughan v. Tombeckbee Lank, 1 Stew. 66; s. c. 18 Amer. Dec. 38; Ex parte Jones, 61 Ala. 399.
*378The entry of a judgment nunc pro tunc is never…
2Cases cited6 opinions
- Nabers' Adm'r v. MeredithSupreme Court of Alabama · 1880
- Shephard v. BrentonSupreme Court of Iowa · 1865
- Thompson v. MillerSupreme Court of Alabama · 1830
- Ex parte JonesSupreme Court of Alabama · 1878
- Metcalf v. MetcalfSupreme Court of Alabama · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tynan v. WeinhardIllinois Supreme Court · 1894