Ware v. Brewer

Decided January 15, 1859

Supreme Court of Alabama · decided 1859-01-15

The record does not show who .was the presiding judge. This action was brought by Henry Brewer, against Horace Ware. Service of the summons and complaint was accepted by the defendant. At the March term, 1858, judgment by default was rendered against the defendant; but the judgment did not show that any proof of the acknowledgment of service was made. From this judgment, on the 80th July, 1858, the defendant sued out the present appeal.

Relies on Moore v. Horn

Good law ✅— No negative treatment on recordhow we know

Decided 1859-01-15

How this case has been cited

Cited by 5 later decisions — most recently January 1929

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STONE, J.

¶1It is contended for appellant, that the amended judgment of the circuit court should not be regarded as a part of the records in this court, because those amendments were made after the appeals were taken; and those, amended judgments have not been brought to this court, in return to a writ of certiorari. Before the transcripts for this court were made out, the amendments had been made in the court below. Hence, when the clerk came to. prepare the transcripts, those judgments were a part of the record. He.copied them as parts of the record. They are now before us, taking effect as of a time anterior to the appeal; and there remains no object to be accomplished by a certiorari. "Wilson v. Farmer, at the present term.

¶2Regarding the amended judgments as part and parcel of the records, these cases must be affirmed on .the authority of Moore v. Horn & Bouldin, 5 Ala. 234.