Hershey Chocolate Co. v. Yates
Supreme Court of Alabama
•Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. The Hershey Chocolate Company' brought suit against the Joseph A. Yates & Company, for the breach of a receiver’s bond, and had judgment by default. On motion of defendant, the judgment was set aside and a new trial ordered, and plaintiff appeals. Transferred from Court of Appeals.
1Opinion of the CourtMayfield, J.
This appeal is from an order granting a motion in arrest of judgment.(1) Judgments can be arrested only for defects apparent of record. Mere defects, however, which' are amendable, will not authorize the arrest or annulment of .a judgment.(2) One of our statutes of jeofailes prohibits such action by trial or by appellate courts. Section 4143 of our Code is one, or a part of one, of the numerous statutes of jeofailes or amendments, passed first by the Legislatures of the various states. This one, as is well known, was intended to prevent the arrest or reversal of judgments as for mere defects…
2Cases cited8 opinions
- Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
- Ex parte ParkerSupreme Court of Alabama · 1911
- Kirkland v. PilcherSupreme Court of Alabama · 1911
- Allen v. Lathrop-Hatton Lumber Co.Supreme Court of Alabama · 1890
- Truss v. Birmingham, LaGrange & Macon RailroadSupreme Court of Alabama · 1892
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3Cited by9 opinions
- Ex Parte HaistenSupreme Court of Alabama · 1933
- Kolb v. Swann Chemical CorporationSupreme Court of Alabama · 1944
- Ex Parte State Ex Rel. DensonSupreme Court of Alabama · 1946
- Lokey v. WardSupreme Court of Alabama · 1934
- Ex Parte CrumptonAlabama Court of Appeals · 1926
4 more not listed; retrieve them via the Exa API.