Farmer v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. JOHN E. Moore. This action was brought by Priscilla’ Wilson against John T. Parmer and John W. Chisholm, and was founded on the defendants’ note under seal for $162 67. Both of the defendants were served with process. At the return term of the writ, the suit was dismissed as to Chisholm, and a judgment by default entered against Farmer.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. JOHN E. Moore. This action was brought by Priscilla’ Wilson against John T. Parmer and John W. Chisholm, and was founded on the defendants’ note under seal for $162 67. Both of the defendants were served with process. At the return term of the writ, the suit was dismissed as to Chisholm, and a judgment by default entered against Farmer. At the next term, on notice to the defendants, the plaintiff moved to amend this judgment nunc pro tunc, as of the preceding term, so as to vacate the order dismissing the suit as to Chisholm,…
1Opinion of the CourtStone, J.
If the amended judgment in this record is to be regarded as the judgment, there can be no question that the record is free from error. That judgment is in every respect formal and sufficient. In fact, none of the assignments of error question its sufficiency.
It is urged for appellant, that the circuit court erred in amending the judgment nunc pro tunc, because there was nothing in the record to amend by. In reply to this objection, it is contended for appellee, among other things, that the recitals in the amended judgment are sufficient *77to sustain it; that what purports to be copies from the…
2Cases cited12 opinions
- Bradley v. AndressSupreme Court of Alabama · 1857
- Yonge v. BroxsonSupreme Court of Alabama · 1853
- Glass v. GlassSupreme Court of Alabama · 1854
- Moore v. HornSupreme Court of Alabama · 1843
- Gaines v. BeirneSupreme Court of Alabama · 1841
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3Cited by7 opinions
- Phillips v. StateSupreme Court of Alabama · 1909
- Dow v. WhitmanSupreme Court of Alabama · 1860
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
- Forrester v. McFrySupreme Court of Alabama · 1934
- Ex parte JonesSupreme Court of Alabama · 1878
2 more not listed; retrieve them via the Exa API.