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2 Stew. 169

Smith v. Hearne

Supreme Court of Alabama

Decided July 15, 1829

Supreme Court of Alabama · decided 1829-07-15

N. Smith, sued out two writs of error to the County Court of Clarke county, and gave two bonds to supersede the judgments below. The Clerk of the County Court returned the two writs and bonds jointly, and attached to them one transcript of record only. This transcript contained two judgments.

Cited by 2 later decisions — most recently November 1908

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1829-07-15

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By JUDGE COLLIER.

¶1In this case, two writs of error and two judgments, are certified jointly to this Court. The Court must consider the transcript as it is sent up without severing the judgments. If we had the right to do so, in this case, it would avail nothing; because the proceedings and judgment separately, would not constitute records on which we could act. Besides, there is nothing in the writs of error which enables us to say to which judgment they were designed, respectively, to apply; and were we to reject one of the writs, the plaintiff would not be benefitted. There would be still two judgments, which are not examinable on one writ of error. For these reasons, we are not permitted to examine the assignment of errors.

¶2The writs of error are therefore dismissed.

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