Williams v. Powell
Supreme Court of Alabama
Error to Lowndes Circuit court. Debt, on a written contract to pay money, in consideration of the sale of land, by the defendant to the plaintiff-tried before Shortridge, J. In this case; judgment was rendered for the plaintiff in error, for a larger sum than was due on the contract.
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Error to Lowndes Circuit court. Debt, on a written contract to pay money, in consideration of the sale of land, by the defendant to the plaintiff-tried before Shortridge, J. In this case; judgment was rendered for the plaintiff in error, for a larger sum than was due on the contract. At a term subsequent to the issuance of the writ of error, the Circuit court, on motion of the defendant in error caused the entry of the judgment to be so corrected, as to make the amount recovered, conform to the sum due on the contract; and at the same time, on motion of the defendant in error, allowed a…
1Opinion of the CourtCollier, C. J.
The assignment of errors seeks to bring to the view of the court, the endorsement of the cause of action on the writ, with a view to a reversal of the judgment. We have repeatedly held, that the endorsement may be looked to, for the purpose of sustaining, but never to reverse a judgment. This objection, then, must be disregarded, which leaves us to consider whether the record contains a declaration sufficient to sustain the recovery by the defendant in error. At the suing out of the writ of error, there was no declaration on file; but at a term of the Circuit court holden subsequently, a…
2Cases cited1 opinion
- Hagan v. CampbellSupreme Court of Alabama · 1838
3Cited by8 opinions
- McLendon v. JonesSupreme Court of Alabama · 1845
- Keen v. JordanSupreme Court of Florida · 1869
- State v. McLennenOregon Supreme Court · 1888
- Wilkerson v. BranhamSupreme Court of Alabama · 1843
- Wise v. StateSupreme Court of Alabama · 1922
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