Harvey v. Jeter
Supreme Court of Alabama
Writ of error to the Circuit Court of Shelby. Hahvbt was the plaintiff in action of detinue, commenced against Cornelius and J. W. Jeter, and Thomas Harvey, in which he entered into the statutory bond, with Ashley Parker as his surety, conditioned to pay the defendants all such costs and damages as they might sustain, by the wrongful suing out of the writ in that action.
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Writ of error to the Circuit Court of Shelby. Hahvbt was the plaintiff in action of detinue, commenced against Cornelius and J. W. Jeter, and Thomas Harvey, in which he entered into the statutory bond, with Ashley Parker as his surety, conditioned to pay the defendants all such costs and damages as they might sustain, by the wrongful suing out of the writ in that action. At the fall term for the year 1842, Harvey consented to become nonsuit, and thereupon a judgment was entered against him, and also against Parker as his surety, for the costs of suit. At the spring term, 1844, the defendants…
1Opinion of the CourtGoldthwaite, J.
— We think the presumption of law is, that a judgment, such as the one first rendered in this case, is a mere clerical misprision, which]may at any time be amended. It is not the case where an erroneous judgment is given on a defective statutory bond, as it was in Quinn v. Adair, 4 Ala. Rep. 315; but in the statutory action of detinue, no judgment is rendered upon the bond, when the suit is disposed of against the plaintiff. The prima facie intendment is, that the Court directed the proper judgment in this cáse, against the plaintiff only, and that the clerk, without authority from the Court,…
2Cases cited1 opinion
- Quinn v. AdairSupreme Court of Alabama · 1842