Keith v. Cliatt
Cases that cite this one
2 later published cases cite this decision.
- Lacey v. Pearce (Ala. 1915)
- Louisville & Nashville Railroad v. Thomason (Ala. 1911)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The present record comes before us in a very imperfect state. There is neither summons, complaint or plea. Still, the judgment entry recites that the parties came by attorneys, that issues were joined which were submitted to a jury, that the jury returned a verdict, upon which the judgment of the court was pronounced. On this recital we are bound to presume that both parties were in court by proper service, or voluntary appearance, that a complaint containing a substantial cause of action was filed, and that issues were formed thereon. The record affirms all this, and the record imports absolute verity.—See Deslonde v. Darrington, 29 Ala. 92; 1 Brick. Dig. 782, §§ 133, 127.
The supersedeas bond also recites that such judgment was rendered.
The judgment entry recites that plaintiff had leave to amend his complaint; but we can not learn that such amendment was made, or if made, in what it consisted. The judgment rendered is in favor of H. J. and- B. F. Cliatt;
Judgment of the Circuit Court affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.