Glass v. Glass
Supreme Court of Alabama
Error to the Circuit Court of Marengo. Tried before the Hon. George D. Shortridge. Motion for a summary judgment. The first paper in the record is a notice of motion for a summary judgment, by Williamson Glass against Zachariah Glass, at the March term, 1847, of the County Court of Marengo, for the sum of $150, which, as said notice alleges, said Williamson Glass had paid, in part satisfaction of a judgment rendered in the County Court of Marengo, in favor of one Browning,…
Read the full summary
Error to the Circuit Court of Marengo. Tried before the Hon. George D. Shortridge. Motion for a summary judgment. The first paper in the record is a notice of motion for a summary judgment, by Williamson Glass against Zachariah Glass, at the March term, 1847, of the County Court of Marengo, for the sum of $150, which, as said notice alleges, said Williamson Glass had paid, in part satisfaction of a judgment rendered in the County Court of Marengo, in favor of one Browning, against said Zachariah and Williamson Glass, on a note for $136 31, executed by said Zachariah as principal, and said…
1Opinion of the CourtChilton, C. J.
1. It is objected, that the notice in this case is defective, in failing to set out the original motion made in the County Court. This objection, however, cannot prevail, as the motion in the Circuit Court is to amend the judgment rendered by the County Court nunc pro tunc, and so far as this amendment is concerned, no notice is necessary. — Allen & Deane v. Bradford & Shotwell, 3 Ala. 281.
2. Neither do we entertain any doubt, that a proper construction of the act of 1849-50, establishing Courts of Probate, &c. (see Pamphlet Acts 35), authorizes the Circuit Court, to which the papers &c. in…
2Cases cited1 opinion
- Allen v. BradfordSupreme Court of Alabama · 1842
3Cited by13 opinions
- De Bardeleben v. StateAlabama Court of Appeals · 1918
- Nabers' Adm'r v. MeredithSupreme Court of Alabama · 1880
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Gunn v. HowellSupreme Court of Alabama · 1859
- McSwean v. StateSupreme Court of Alabama · 1912
8 more not listed; retrieve them via the Exa API.