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13 Ala. App. 504

Floyd v. Lamar

Alabama Court of Appeals

Decided June 30, 1915

Alabama Court of Appeals · decided 1915-06-30

Assumpsit. Appeal from Marengo Law and Equity Court. Heard before Hon. E.'J. Gilder. Law Lamar and another brought suit against O. A. Floyd & Co. and the individual members of the firm for breach of contract for the sale of cotton. Judgments for plaintiffs, and defendants appeals. Summons was executed on both of the defendants on June 21, 1911, and on July 8, 1911, the defendants filed their demurrer to- the complaint, and on the filing demanded a trial by jury.

Cited by 2 later decisions — most recently January 1939

2 state decisions

Relies on Williams v. Woodward Iron Co. · Weir v. Hoss · Smith v. Redus

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-06-30

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BROWN, J.

¶1(1) This court cannot review the action of a trial court in proceeding to judgment after due service of process, where the judgment is not premature, in the absence of a bill of exceptions properly presenting the question.—Williams, Adm'r, v. Woodward Iron Co., 106 Ala. 254, 17 South. 517; Alosi v. Birmingham Waterworks Co., 1 Ala. App. 630, 55 South. 1029; Wallace v. North Ala. Traction Co., 40 South. 89.

¶2(2) Neither will the court revieAV the action of the trial court in granting motion to amend nunc pro tunc in the absence of a bill of exceptions sliOAving that exception Avas reserved thereto.—Lienkauff & Strauss v. Tuscaloosa Sale & Advancing Co., 105 Ala. 328, 16 South. 891; Basenberg v. Lawrence, 160 Ala. 422, 49 South. 771; Turk v. Smith & Co., 2 Port. (Ala.) 155.

¶3(3) Furthermore, clerical errors or mistakes in stating the names of the parties in the minutes of the court are corrected by the other parts of the record,' Avithout motion to amend.—Patterson & Hinson, v. Burnett, 6 Ala. 884; Smith v. Redus, 9 Ala. 101, 44 Am. Dec. 429; *506Kennedy v. Young, 25 Ala. 564; Lamkin v. Dudley, 34 Ala. 117.

¶4We find no error in the record, and the judgment is affirmed.

¶5Affirmed.

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