Browder v. Faulkner
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee-. Tried before the Hou. James Aiken.- This action was brought by Bobert Faulkner, an infant, suing by his next friend, against W. G. Browder, as the administrator of the estate of David Browder, deceased; and was commenced on the 21st August, 1880. Said David Browder, deceased, was a surety on the official bond of James Bradford and H. J. Faulkner, as executors of the last will and testament of F. B. Faulkner, deceased, who was the…
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Appeal from the Circuit Court of Cherokee-. Tried before the Hou. James Aiken.- This action was brought by Bobert Faulkner, an infant, suing by his next friend, against W. G. Browder, as the administrator of the estate of David Browder, deceased; and was commenced on the 21st August, 1880. Said David Browder, deceased, was a surety on the official bond of James Bradford and H. J. Faulkner, as executors of the last will and testament of F. B. Faulkner, deceased, who was the plaintiff’s father; which bond was dated the 17th September, 1866, and conditioned as by law required. The action was…
1Opinion of the CourtClopton, J.
— The power of courts to amend judgments, after the close of the term, extends to all omissions to enter the judgments pronounced by the court, and to clerical errors in the form of the entry, whether by introducing a fact which ought to appear on the record, or by striking out a statement of a fact improperly introduced, and when the record affords sufficient evidence. But, when the defect consists in the failure of the court to.render the proper judgment, or arises from a want of judicial action, the record can not be corrected after the term has closed, the cause being no longer sub…
2Cases cited8 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Ex parte RobinsonSupreme Court of Alabama · 1882
- Davis v. DavisSupreme Court of Alabama · 1844
- Hollis v. CaughmanSupreme Court of Alabama · 1853
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Mann v. . MannSupreme Court of North Carolina · 1918
- First Nat. Bank of Birmingham v. GarrisonSupreme Court of Alabama · 1938
- Tippins v. PetersSupreme Court of Alabama · 1893
- Robertson v. KingSupreme Court of Alabama · 1898
7 more not listed; retrieve them via the Exa API.