Womack v. Sanford

Decided January 15, 1861

Supreme Court of Alabama · decided 1861-01-15

Tried before the Hon. Nat. Cook. The appellant in this-case made a motion, at the spring term, I860, of said circuit court, to have satisfaction entered, nimepro tunc, as of the spring term, 1854, of a judgment which J. & C. B. Sanford had previously recovered against him.

Cited by 2 later decisions — most recently February 1902

2 state decisions

Relies on Savage v. Walshe · Grayham v. Roberds · Punch & Duggan v. Walke

Good law ✅— No negative treatment on recordhow we know

Decided 1861-01-15

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STONE, J.

¶1The ruling of this court in the case of Lewis v. Lewis, (25 Ala. 315,) in effect declares, that unless the entry on. the judge’s docket, when considered' in connection with the other papers-in the cause, contains enough to justify a valid j udgment, then no judgment nunc pro tunc should be rendered. In other words, the circuit court, in such a case as this, should enter up no j udgment-nunc pro tunc, in the absence of evidence that notice had been, given of the motion. — Baylor v. McGregor, 1 Stew. & Por. 158 ; Clemens v. Crawford, 1 Ala. 531; McKissick v. Davis, 18 Ala. 315. See, also, Graham v. Roberds, 7 Ala. 719; Del Barco v. Branch Bank, 12 Ala. 238; Savage v. Walshe, 26 Ala. 619 ; Punch v. Walke, 34 Ala. 494.

¶2In the present record there is no evidence that'the Messrs. Sanford had any'notice of-the motion made in the circuit court to, enter satisfaction'of their judgment, and the court did not err in overruling the'same.-

¶3Affirmed.