45 Ala. 81
Decided January 15, 1871
Supreme Court of Alabama · decided 1871-01-15
Tried before Hon. Littleberry Strange. A judgment final having been rendered against the appellee as a defaulting juror, he applied to the court at the next term, by petition and motion, to supersede the execu tion, on the ground that the judgment nisi had been set aside at the term at which it was rendered, and that he had not been served with notice of its rendition.
Cited by 2 later decisions — most recently January 1970
2 state decisions
Relies on Marshall v. Caudler
Good law ✅— No negative treatment on recordhow we know
Decided 1871-01-15
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¶1The demurrer ought to have been sustained, as the grounds set forth in the petition go to matters behind the judgment. — Marshall v. Candler, 21 Ala. 490.
¶2As a proceeding for the correction of errors, the time in which that could be done had elapsed.
¶3The judgment is reversed. As the motion can not be maintained, the cause is not remanded.