Andrews' Adm'r v. Branch Bank at Mobile
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. On the 2d day of December, 1842, a notice in usual form, was addressed to J. H. Walker, George Walker, and Thomas Andrews, informing them that the county court of Mobile would be moved for judgment against them, as the maker and indorsers of a promissory note, particularly described, at the term next thereafter to be holden, &c.
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Writ of Error to the Circuit Court of Mobile. On the 2d day of December, 1842, a notice in usual form, was addressed to J. H. Walker, George Walker, and Thomas Andrews, informing them that the county court of Mobile would be moved for judgment against them, as the maker and indorsers of a promissory note, particularly described, at the term next thereafter to be holden, &c. This notice was executed by the sheriff of Lowndes on the two first named individuals, and “John Andrews, administrator of Thomas Andrews, deceased,” on the 25th January, 1843. The record does not show that any entry or…
1Opinion of the CourtCollier, C. J.
The record does not show that any judgment was rendered in this cause until February, 1846. There was then nothing remaining in the county court from which a writ of error could be prosecuted previously. Whatever may be the law, where there is an imperfect or irregular judgment, which is afterwards perfected, or legalized by judgment nunc pro tunc, we think it competent to sue a writ of error to revise a judgment in form nunc pro tunc any time within three years after its rendition, where nothing bearing the semblance of a judgment had been previously rendered. The opposite conclusion would…
2Cases cited4 opinions
- Thompson v. MillerSupreme Court of Alabama · 1830
- Murphy's adm'rs v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1843
- Brown v. BartlettSupreme Court of Alabama · 1841
- Adm'rs of Alexander v. Branch Bank at MontgomerySupreme Court of Alabama · 1843
3Cited by9 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- State ex rel. Waring v. Mayor of MobileSupreme Court of Alabama · 1854
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Benford v. DanielsSupreme Court of Alabama · 1848
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