Nabers' Adm'r v. Meredith
Supreme Court of Alabama
Motion to Amend Judgment Nunc Pro Tunc. Appeal from Shelby Circuit Court. Tried before Hon. J. E. Cobb. On the 12th day of October, 1877, a motion was made in the Circuit Court of Shelby county by Erencb Nabers, as administrator of the estate of James A. Meredith, against Jerusha Meredith, R. Wood, H. Y. Wyatt, G. E. Harrall, and T. E. Wilson, to amend, mine pro tunc, a judgment rendered at tbe fall term, 1867, of said court, so as to insert therein the specific amount for…
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Motion to Amend Judgment Nunc Pro Tunc. Appeal from Shelby Circuit Court. Tried before Hon. J. E. Cobb. On the 12th day of October, 1877, a motion was made in the Circuit Court of Shelby county by Erencb Nabers, as administrator of the estate of James A. Meredith, against Jerusha Meredith, R. Wood, H. Y. Wyatt, G. E. Harrall, and T. E. Wilson, to amend, mine pro tunc, a judgment rendered at tbe fall term, 1867, of said court, so as to insert therein the specific amount for which tbe judgment was recovered. On the hearing it appeared tbat tbe suit in which the judgment was rendered was founded…
1Opinion of the CourtSomebtvjlle, J.
— The practice in this State has been too. long and firmly established to be now disturbed, permitting judgments nunc pro tunc to be entered without requiring notice to be given to the opposite party.’ No injustice can result from this rule, for the reason that such amendments are always allowed on some entry or memorandum, which is to be determined from an inspection of the court records, and can not be contradicted or gainsaid by proof of extraneous parol facts. The court erred in reinsing to grant the motion for want of notice.— Glass v. Glass, 24 Ala. 468; Allen v. Bradford, 3 Ala. 281;…
2Cases cited2 opinions
- Allen v. BradfordSupreme Court of Alabama · 1842
- Glass v. GlassSupreme Court of Alabama · 1854
3Cited by28 opinions
- In the Matter of Charles LamarreCourt of Appeals for the Sixth Circuit · 1974
- Ex parte BuskirkCourt of Appeals for the Fourth Circuit · 1896
- Wyatt v. StateAlabama Court of Appeals · 1951
- Trotti v. KinnearCourt of Appeals of Texas · 1912
- Loring v. GroomerSupreme Court of Missouri · 1892
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