State v. Beasley
Supreme Court of Alabama
Appeal from the Criminal Court of Russell. Tried before Hon. Littleberry Strange. A judgment final having been rendered against the appellee as a defaulting juror, he applied to the court at the next term, by petition and motion, to supersede the execu" tion, on the ground that the judgment nisi had been set aside at the term at which it was rendered, and that he had not been served with notice of its rendition.
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Appeal from the Criminal Court of Russell. Tried before Hon. Littleberry Strange. A judgment final having been rendered against the appellee as a defaulting juror, he applied to the court at the next term, by petition and motion, to supersede the execu" tion, on the ground that the judgment nisi had been set aside at the term at which it was rendered, and that he had not been served with notice of its rendition. The scire facias was returned by the sheriff executed, and the record does not show that the conditional judgment was set aside. The court overruled a demurrer to the petition,…
1Opinion of the CourtB. F. Saffold, J.
The demurrer ought to have been sustained, as the grounds set forth in the petition go to matters behind the judgment. — Marshall v. Candler, 21 Ala. 490.
As a proceeding for the correction of errors, the time in which that could be done had elapsed.
The judgment is reversed. As the motion can not be maintained, the cause is not remanded.
2Cases cited1 opinion
- Marshall v. CaudlerSupreme Court of Alabama · 1852
3Cited by2 opinions
- Jesse French Piano & Organ Co. v. BradleySupreme Court of Alabama · 1904
- Bice v. JonesCourt of Civil Appeals of Alabama · 1970