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36 Ala. 299

Ex parte Nall

Supreme Court of Alabama

Decided June 15, 1860

Supreme Court of Alabama · decided 1860-06-15

John Gill Shorter presiding, to compel that court to strike from the trial docket a cause in which Jefferson Darby and others were plaintiffs, and the petitioner, James P. Nall, was defendant.

Cited by 1 later decisions — most recently May 1907

1 state decisions

Relies on Moore v. Appleton · Smith v. Redus

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-15

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A. J. WALKER, C. J.

¶1The mandamus in this case is sought upon the ground, that the grant of a new trial, as stated in the entry upon the minutes, is shown by tbe marginal description of the parties to bo applicable to a case in which there was another defendant besides the proper defendant in the cause. The court below held, that extrinsic evidence was admissible, to show the applicability of the order granting a new trial to the ease. In so ruling, wo think the court committed no error. We think that, from necessity, tbe connection of the order with the case may be shown ; and that being shown, the error in the description of the case will stand corrected by the other parts of the record. — Smith v. Redus, 9 Ala. 99 ; Savage & Darrington v. Walshe, 26 Ala. 633. The decision in Smith v. Redus, supra, is precisely in point. — See Code, §§ 2403, 2404.

¶2Motion refused.

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