Pace v. Dossey
Supreme Court of Alabama
Trover by Dossey against Pace, in Morgan Circuit Court, for a bank note of g50. Defendant plead, 1. Not guilty. 2. That in a suit by plaintiff against him before J. T. a justice of the pence of said county, judgement was rendered in his favor, which judgement remains unreversed or otherwise vacated, and which suit and judgement embraced and determined the matter of controversy involved in this suit. Issue on the 1st plea; demurrer to the 2nd.
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Trover by Dossey against Pace, in Morgan Circuit Court, for a bank note of g50. Defendant plead, 1. Not guilty. 2. That in a suit by plaintiff against him before J. T. a justice of the pence of said county, judgement was rendered in his favor, which judgement remains unreversed or otherwise vacated, and which suit and judgement embraced and determined the matter of controversy involved in this suit. Issue on the 1st plea; demurrer to the 2nd. At the succeeding term a the cause was submitted to arbitration, and ihe award returned by the arbitrators was set aside. At April term, 1824, there was…
1Opinion of the Court
JUDGE SAFFOLD
delivered the opinion of the majority of the Court.
Tux authority and necessity for rendering judgement nunc pro tunc in cases similar to this, is well established by the practice of this and of other Courts; but it is objected that the entry was made after the writ of error had issued, and the omission had been here assigned as error. The authority so to amend the record as to make it correspond with the truth of the adjudication was the same, whether the writ of error had issued or not; but if there was a defect which would have been fatal, and it is corrected after the writ of…
2Cited by3 opinions
- Perkins v. MooreSupreme Court of Alabama · 1849
- Lange v. HammerSupreme Court of Alabama · 1908
- Burgess v. SuggSupreme Court of Alabama · 1832