Sherry v. Priest
Supreme Court of Alabama
Appeal from the City Court of Eufaula. Heard before the Hon. E. M.'Keils. This proceeding grew out of an appeal case from a justice-of the peace of Barbour county, to the City Court of Eufaula, in which case the present appellee was plaintiff, and' one Mathew Pryne defendant. On the trial of such case, de novo, in the City Court, the defendant consented to a verdict and judgment against himself for the costs, the plaintiff remitting the damages claimed in the suit.
Read the full summary
Appeal from the City Court of Eufaula. Heard before the Hon. E. M.'Keils. This proceeding grew out of an appeal case from a justice-of the peace of Barbour county, to the City Court of Eufaula, in which case the present appellee was plaintiff, and' one Mathew Pryne defendant. On the trial of such case, de novo, in the City Court, the defendant consented to a verdict and judgment against himself for the costs, the plaintiff remitting the damages claimed in the suit. Upon such judgment execution issued against the defendant, Pryne, and his security, James Sherry, the appellant here, on the bond…
1Opinion of the CourtStone, J.
The appeal bond in this case was in the-penalty of fourteen dollars. The court below gave judgment against defendant and his sureties on the appeal bond, for all the costs, which were taxed by the clerk at $170. A motion was made in the court below to amend the judgment,, nuno pro tuno, so as to limit the judgment against the sureties to fourteen dollars, the penalty of the bond. The City Court overruled the motion, and permitted the judgment to stand as rendered. It was both the power and duty of the court below to entertain the motion, and make the correction. — 1 Brick. Dig. 78, et seq.,…
2Cases cited6 opinions
- Pryor v. BeckSupreme Court of Alabama · 1852
- McKeen v. NelmsSupreme Court of Alabama · 1846
- McBarnett v. BreedSupreme Court of Alabama · 1844
- Hill v. RushingSupreme Court of Alabama · 1842
- Witherington v. BrantleySupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- Rich v. LowenthalSupreme Court of Alabama · 1892
- Florida Development Co. v. Polk County National BankSupreme Court of Florida · 1919