Peters v. Nolen
Alabama Court of Appeals
Appeal from Tallapoosa Circuit Court. Heard before Hon. W. W. Pearson. Action by G-. P. Nolen against E. M. Peters in Detinue and Assumpsit. Judgment for plaintiff and from an order denying a motion to amend the judgment nunc pro tunc the defendant appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. W. W. Pearson. Action by G-. P. Nolen against E. M. Peters in Detinue and Assumpsit. Judgment for plaintiff and from an order denying a motion to amend the judgment nunc pro tunc the defendant appeals. It is within the power of circuit courts any time within three years to amend its judgment nunc pro tunc because of clerical error or other mistake of the clerk. — -Section 4140, Code 1907; Browder v. Fallmer, 82 Ala. 257; Diston v. Hood, 88 Ala. 331; Ware v. Kent, 123 Ala. 430; Wilmerding v. Corbin Banking Co., 126 Ala. 277. The'appeal…
1Opinion of the CourtPelham, J.
The original suit in which the appellee brought suit in detinue and assumpsit against appellant and recovered a judgment will be found reported in the name of the same parties to this appeal as appellant and appellee, respectively, in 3 Ala. App.. 641, 57 South. 398. After the original judgment appealed from in the circuit court was corrected and affirmed on appeal here (Peters v. Nolen, 3 Ala. App. 641, 57 South. 398), the appellant, who was the defendant in the circuit court, filed a motion in that court to amend the judgment there nunc pro tunc, and appeals from an order overruling the…
2Cases cited5 opinions
- Mouton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900
- Ewing v. WoffordSupreme Court of Alabama · 1898
- Barton v. Charter Gas Engine Co.Supreme Court of Alabama · 1907
- Allen v. AlstonSupreme Court of Alabama · 1906
- Peters v. NolenAlabama Court of Appeals · 1912
3Cited by3 opinions
- Clark v. StateAlabama Court of Appeals · 1916
- Weyms v. StateAlabama Court of Appeals · 1915
- Ex parte PetersSupreme Court of Alabama · 1914