Max J. Winkler Brokerage Co. v. Courson
Supreme Court of Alabama
Appeal rom Jefferson Circuit Court. Heard before Hon. John H. Miller, Special Judge. Assumpsit by Max J. Winkler Brokerage Company against George Courson. Judgment was confessed in the justice court, and a writ of ceriorari was issued from the circuit court to bring up the judgment for review. On a trial de novo- in the circuit court the defendant had judgment and plaintiff appeals. The court erred in overruling plaintiff’s motion to quash the writ.
Read the full summary
Appeal rom Jefferson Circuit Court. Heard before Hon. John H. Miller, Special Judge. Assumpsit by Max J. Winkler Brokerage Company against George Courson. Judgment was confessed in the justice court, and a writ of ceriorari was issued from the circuit court to bring up the judgment for review. On a trial de novo- in the circuit court the defendant had judgment and plaintiff appeals. The court erred in overruling plaintiff’s motion to quash the writ. The confession was a release of errors. — Sec. 477, Code 1896. Application should have been made to the court rendering the judgment.- — Jones v.…
1Opinion of the CourtSimpson, J.
In this case a suit was commenced by the appellant, in the “inferior court of Birmingham,” against the appellee, W. T. Ward, as attorney at law, appeared for the defendant, accepted service, and confessed judgment, and the judgment entry in that court recites that the defendant appeared “by his attorney in fact, W. T. Ward, who-, under and by virtue of the authority offered in this case, confesses judgment,” etc., “and it is therefore considered and adjudged by the court that the said W. T. Ward, as such attorney in fact for the defendant, has full and legal authority to confess judgment.”…
2Cases cited12 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Miller v. JonesSupreme Court of Alabama · 1885
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- Strouse v. LeipfSupreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Greek v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1922
- Rudolph v. RudolphSupreme Court of Alabama · 1948
- Central Iron & Coal Co. v. PenningtonSupreme Court of Alabama · 1923
- Ex Parte BrickellSupreme Court of Alabama · 1920
- Louisville & N. R. Co. v. TallySupreme Court of Alabama · 1919
19 more not listed; retrieve them via the Exa API.