Keith v. Cliatt

Supreme Court of Alabama
Keith v. Cliatt, 59 Ala. 408 (Ala. 1877)
Stone

Keith v. Cliatt

Opinion of the Court

STONE, J.—

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; *409.and the supersedeas bond is payable to them, and recites a judgment rendered in their favor.

Judgment of the Circuit Court affirmed.

Reference

Full Case Name
Keith v. Cliatt and Brother
Cited By
4 cases
Status
Published