Mays v. Hassell

Decided June 15, 1833

Supreme Court of Alabama · decided 1833-06-15

This was a suit upon a promissory note, prosecuted, before a justice of the peace of Montgomery county : and was removed into the county Court, by cer-tiorari. At February term, 1828, of that Court, the parties appeared, and a verdict was rendered in favor of the plaintiff. Upon this Verdict an execution was issued, which was subsequently superseded by order of the judge.

Decided 1833-06-15

Lipscomb, C. J.

¶1In this case, a verdict had been rendered by the jury, but no judgment was entered upon it, till after the expiration of three years.— The judgment was rendered nunc pro tunc, on the verdict.

¶2The only error relied on is the entering up this judgment after the expiration of three years, from the term when it should have been rendered. The parties were ail before the Court, as it appears from the record. We are therefore of opinion, that according to the case of Wilkinson vs. Goldthwait,adecided at the July term, 1831, of this Court, the judgment must be affirmed.

¶3 1 Stewart & Porter, 159