21 Ala. 556 (Ala. 1852), Drane v. King

Citation21 Ala. 556
Opinion JudgeDARGAN, C.J.
Party NameDRANE v. KING & DEVITT.
AttorneyD. P. LEWIS, for plaintiff in error. WILLIAM COOPER, contra.
CourtSupreme Court of Alabama

Page 556

21 Ala. 556 (Ala. 1852)

DRANE

v.

KING & DEVITT.

Supreme Court of Alabama

June Term, 1852

ERROR to the Circuit Court of Lauderdale.

Tried before the Hon. S. C. POSEY.

D. P. LEWIS, for plaintiff in error.

WILLIAM COOPER, contra.

DARGAN, C.J.

1. A judgment nisi, like a judgment final, must be for a sum certain. Dickerson v. Walker, 1 Ala. 48. But we entertain no doubt that the judgment nisi in the present case is sufficiently certain; it is for sixty-three dollars, the debt, and twenty-six dollars and seventy-six cents damages, with interest from the second day of October, 1848. Without resort to any extraneous fact, we can ascertain the precise amount of this recovery. It is therefore certain; for id certum est quod certum reddi potest.

2. It is again insisted, that the final judgment varies from the judgment nisi, and therefore is erroneous. The judgment nisi, as has been stated, is for sixty-three dollars debt, twenty-six dollars and seventy-six cents damages, with interest on these two sums from the second of October, 1848, up to the time the conditional judgment was rendered; whilst the final judgment is for sixty-three dollars, the debt, and thirty-two dollars and two cents, being the damages with the interest included. The final judgment is for a little more than the judgment nisi. The amount of interest that had accrued on the judgment against Galloway at the time the judgment nisi was rendered, was only three dollars and thirty-nine cents, which, if added to the damages, would make thirty dollars and fifteen cents. The final judgment, therefore, does not correspond in amount with the judgment nisi, but the discrepancy can only be considered as a clerical mistake, and therefore amendable under our statute in this court. The final judgment only confirms the judgment nisi, and makes it unconditional, (and this the final judgment does in the case before us,) and if, in stating the amount of the recovery, it differs from the judgment nisi, it may be corrected in this court, as a mere clerical misprision, at the cost of the plaintiff in error.

The other errors are disproved by the record.

Let the final judgment be amended, and affirmed.

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9 practice notes
  • 68 So.3d 782 (Ala. 2011), 1041932, Ex parte Bessemer Bd. of Educ.
    • United States
    • Supreme Court of Alabama
    • February 4, 2011
    ...for a sum certain determinable without resort to extraneous facts. Gandy v. Hagler, [245 Ala. 167, 16 So.2d 305 (1944) ]; Drane v. King, 21 Ala. 556 [ (1852) ] (‘ Without resort to any extraneous fact, we can ascertain the precise amount of this recovery. It is therefore certain; for "......
  • 157 So.3d 983 (Ala.Civ. 2014), 2120776, Swindle v. Swindle
    • United States
    • Alabama Court of Civil Appeals
    • June 27, 2014
    ...final must, therefore, be for a sum certain determinable without resort to extraneous facts. Gandy v. Hagler, supra; Drane v. King, 21 Ala. 556 [(1852)]." Jewell v. Jackson & Whitsitt Cotton Co., 331 So.2d 623, 625 (Ala. 1976) (first emphasis added). " 'The question of fi......
  • Denault v. Federal National Mortgage Association, 040519 ALCIV, 2170591
    • United States
    • Alabama Alabama Court of Civil Appeals
    • April 5, 2019
    ...Jewell v. Jackson & Whitsitt Cotton Co., 331 So.2d 623, 625 (Ala. 1976) (final emphasis added). See also Drane v. King, 21 Ala. 556, 557 (1852) ("[W]e entertain no doubt that the judgment nisi in the present case is sufficiently certain; it is for sixty-thr......
  • 284 So.3d 913 (Ala.Civ.App. 2019), 2170591, Denault v. Federal National Mortgage Association
    • United States
    • Alabama Alabama Court of Civil Appeals
    • April 5, 2019
    ...Jewell v. Jackson & Whitsitt Cotton Co., 331 So.2d 623, 625 (Ala. 1976) (final emphasis added). See also Drane v. King, 21 Ala. 556, 557 (1852) ("[W]e entertain no doubt that the judgment nisi in the present case is sufficiently certain; it is for sixty-thr......
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9 cases
  • 68 So.3d 782 (Ala. 2011), 1041932, Ex parte Bessemer Bd. of Educ.
    • United States
    • Supreme Court of Alabama
    • February 4, 2011
    ...for a sum certain determinable without resort to extraneous facts. Gandy v. Hagler, [245 Ala. 167, 16 So.2d 305 (1944) ]; Drane v. King, 21 Ala. 556 [ (1852) ] (‘ Without resort to any extraneous fact, we can ascertain the precise amount of this recovery. It is therefore certain; for "......
  • 157 So.3d 983 (Ala.Civ. 2014), 2120776, Swindle v. Swindle
    • United States
    • Alabama Court of Civil Appeals
    • June 27, 2014
    ...final must, therefore, be for a sum certain determinable without resort to extraneous facts. Gandy v. Hagler, supra; Drane v. King, 21 Ala. 556 [(1852)]." Jewell v. Jackson & Whitsitt Cotton Co., 331 So.2d 623, 625 (Ala. 1976) (first emphasis added). " 'The question of fi......
  • Denault v. Federal National Mortgage Association, 040519 ALCIV, 2170591
    • United States
    • Alabama Alabama Court of Civil Appeals
    • April 5, 2019
    ...Jewell v. Jackson & Whitsitt Cotton Co., 331 So.2d 623, 625 (Ala. 1976) (final emphasis added). See also Drane v. King, 21 Ala. 556, 557 (1852) ("[W]e entertain no doubt that the judgment nisi in the present case is sufficiently certain; it is for sixty-thr......
  • 284 So.3d 913 (Ala.Civ.App. 2019), 2170591, Denault v. Federal National Mortgage Association
    • United States
    • Alabama Alabama Court of Civil Appeals
    • April 5, 2019
    ...Jewell v. Jackson & Whitsitt Cotton Co., 331 So.2d 623, 625 (Ala. 1976) (final emphasis added). See also Drane v. King, 21 Ala. 556, 557 (1852) ("[W]e entertain no doubt that the judgment nisi in the present case is sufficiently certain; it is for sixty-thr......
  • Request a trial to view additional results

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