Myrick v. Chamblain

Decided December 15, 1824

Supreme Court of Alabama · decided 1824-12-15

DECLARATION in assumpsit by defendants against plaintiff in Error filed in Mobile Circuit Court at November term, 1821. Plea, non assumpsit. Next follows in the Record continued on suggestion of defendant at May term, 1823—November term 1823 continued, there being no court —February special term 1824, “ This day came the parties by their attornies,” &c.; then follows a verdict and judgment for the plaintiffs in the usual form.

Decided 1824-12-15

Judge Crenshaw

¶1delivered the opinion of the Court.

¶2This Court will not extend its discretionary power to aid in reversing a judgment. After assignment and joinder ip Error, nothing but the obvious justice of the case would induce the Court to receive an additional assignment. We do not believe that the justice of the present case makes it necessary.

¶3If there was a discontinuance, the defect was waived by the subsequent appearance of the defendant in the action.

¶4It is the unanimous opinion of the Court that the judgment be affirmed.