McLaren v. Allen

Supreme Court of Alabama
McLaren v. Allen, 1 Minor 117 (Ala. 1823)

McLaren v. Allen

Opinion of the Court

THE Chief Justice

delivered the opinion of the Court.

In this case, the Record shews, that at March term; 1822, of the Circuit Court of Dallas County, the parties appeared by their Attornies, and a verdict was rendered for the plaintiff, assessing his damages at $322 50: and no judgment or further proceedings in the Circuit Court appear.

A motion is now made by the defendant in Error to dismiss the writ of Error : in resistance of which, the plaintiff alleges, that at a subsequent term, and since the writ of Error was sued out, a judgment nunc pro tunc was entered, which it is proposed to bring up by certiorari.

It is on a final judgment only, that a writ of Error will lie. A verdict, until final judgment thereon, is, like any other interlocutory proceeding, under the control of the Inferior Court.

Let the writ of Error be dismissed with costs.

Reference

Full Case Name
Peter McLaren against William B. Allen
Status
Published