Randolph v. Baldwin
Supreme Court of Alabama
Appeal from the County Court of Montgomery. Tried before the Hon. David Campbell. The action in this case was commenced on the 8th February, 1862, and was founded on a bill of exchange, which was drawn by the defendant, payable to his own order, and by him endorsed to the plaintiff. Judgment by default was rendered on the 1st September, 1862 ; and that judgment is now assigned as error, on the ground that it was coram non judice and void.
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Appeal from the County Court of Montgomery. Tried before the Hon. David Campbell. The action in this case was commenced on the 8th February, 1862, and was founded on a bill of exchange, which was drawn by the defendant, payable to his own order, and by him endorsed to the plaintiff. Judgment by default was rendered on the 1st September, 1862 ; and that judgment is now assigned as error, on the ground that it was coram non judice and void. The cases of Pollard v. Baldwin, and Scovel v. Jordan, which were appeals from judgments of said county court of Montgomery, were argued and submitted at…
1Opinion of the CourtByrd, J.
The only question involved in these cases is, whether a judgment rendered by the county court of Montgomery county, in 1862, is valid. The counsel for appellants contend, that the judge of that court was not elected by the people to fill the office created by the act of the 24th February, 1860, and that therefore the judgments rendered by him are void, and reversible on appeal.—Pamph. Acts, 564. To sustain this position, they insist, that the amendment to the constitution adopted in 1850 makes it the duty *309of the general assembly to provide “ by law for the election of judges of the circuit…
2Cases cited1 opinion
- Gaines v. HarvinSupreme Court of Alabama · 1851
3Cited by5 opinions
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
- Moore v. StateSupreme Court of Alabama · 1880
- Ex parte BibbSupreme Court of Alabama · 1870
- Powell v. YoungSupreme Court of Alabama · 1874