Legal Opinion

Dobson v. Dickson

Supreme Court of Alabama

Decided June 15, 1845PublishedCited by 4 opinions

Error to the Circuit Court of Randolph. This proceeding was commenced before a justice of the peace, by the defendant in error, and was carried by certiorari to the Circuit Court of Randolph, on the petition of the plaintiffs in error. From the record of the judgment, certified by the justice, it appears that a judgment was rendered by him, for the defendant, against the plaintiff in error, for #49 62 1-2, besides costs.

Read the full summary

Error to the Circuit Court of Randolph. This proceeding was commenced before a justice of the peace, by the defendant in error, and was carried by certiorari to the Circuit Court of Randolph, on the petition of the plaintiffs in error. From the record of the judgment, certified by the justice, it appears that a judgment was rendered by him, for the defendant, against the plaintiff in error, for #49 62 1-2, besides costs. A statement of the cause of action being filed, at the spring term, 1842, the following entry was made: Charles A. Dickson, for the use of "j Ransom Kitchens, vs. f Spring…

1Opinion of the CourtOrmond, J.

We cannot perceive, from any thing in the record, that the amendment was not fully authorized. It is evident from the record, that the clerk, in entering up the judgment, had connected this with another case, and thus produced the confusion that ensued. The parties appeared when the amendment was made, and if there was no sufficient evidence by which to amend the record, it should haye been shown by bill of exceptions.

The judgment was properly entered against all the parties to the original judgment, before the justice of the peace, although one of them did not unite in the bond for the…

2Cited by4 opinions

  1. Hall v. First BankSupreme Court of Alabama · 1916
  2. Dumas v. HunterSupreme Court of Alabama · 1857
  3. Burdeshaw & Co. v. Comer & Co.Supreme Court of Alabama · 1895
  4. Brown v. BarnesSupreme Court of Alabama · 1890

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API