Rains v. Ware
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. This was an action of trespass, at the suit of the defendants in error, against the plaintiff and Jackson Rains, to try the title to a half section of land, particularly described, and. to recover damages for its occupancy. The cause was tried on the plea of “not guilty.”
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Writ of Error to the Circuit Court of Macon. This was an action of trespass, at the suit of the defendants in error, against the plaintiff and Jackson Rains, to try the title to a half section of land, particularly described, and. to recover damages for its occupancy. The cause was tried on the plea of “not guilty.” On the trial, a bill of exceptions was sealed at the instance of the defendants, from which it appears that the plaintiffs adduced a judgment in their favor against James D. Freeney, and an execution which had issued thereon; and proved that the execution had been levied on the…
1Opinion of the CourtCollier, C. J.
The first entry of a judgment found in the transcript is certainly erroneous, in not setting out such verdict as warranted the action of the court. The second is an entry of a subsequent term, and technically speaking is a judgment nunc pro tunc. We have not been able to discover any objection to it in substance, and none has been pointed out at the bar. The verdict which it recites, though not special, employs much more circumlocution than is necessary to make it legal, yet this verbosity cannot prejudice.
*627The second entry, though made nunc fro tunc, cannot be regarded as irregular under the…
2Cited by3 opinions
- Farmer v. WilsonSupreme Court of Alabama · 1859
- Dumas v. HunterSupreme Court of Alabama · 1857
- Bryan v. Streeter & SmithersSupreme Court of Alabama · 1876