Chambers v. Morris

• Decision Date: 30 June 1905
• Parties: CHAMBERS v. MORRIS.
• Court: Alabama Supreme Court

39 So. 375

144 Ala. 626

CHAMBERS v. MORRIS.

Supreme Court of Alabama

June 30, 1905

Appeal from Circuit Court, Henry County; A. H. Alston, Judge.

"To be officially reported."

Action by C. V. Morris against Lecy Chambers. From an order granting a motion to set aside the judgment for defendant, he appeals. Dismissed.

P. A McDaniel, for appellant.

William C. Oates, for appellee.

DENSON J.

Morris sued Chambers in an action of statutory ejectment. There was a verdict and judgment for the defendant. This appeal is prosecuted upon the theory that the court granted a motion setting aside the verdict and judgment. There is nothing of which the defendant could complain, except the action of the court with respect to the motion. Karter v. Peck &amp Bro., 121 Ala. 636, 25 So. 1012.

The bill of exceptions, after setting out the motion that was made to set aside the verdict, recites that "at a later date of said term of court, to wit, on June 8, 1904, said motion, coming on to be heard, was submitted without any argument, or the submission of any evidence other than that submitted on the original trial of said cause. And on said date the following entry was made in said motion on the docket of said court, to wit: 'June 8, 1904, motion granted, and verdict set aside; 30 days from adjournment allowed for bill of exceptions. A. H. Alston.' " The minute entry shows that the above is all that appears with respect to the court's action in regard to the motion made to set aside the verdict. Thus, by the recitals of the bill of exceptions and the minute entry, it affirmatively appears that there was no order made by the court, nor judgment entered, showing that the court adjudicated anything with respect of the motion to set aside the verdict or judgment; the recitals in the bill of exceptions and the minute entry being nothing more than a memorandum or docket entry made by the presiding judge.

The judgment rendered in favor of the defendant was formal and sufficient, and to accomplish the vacating and setting aside of the verdict and judgment there must have been an adjudication by the court to that effect; otherwise, the judgment remained intact. Where the judgment on the merits is in favor of the party appealing, and there is no formal order or judgment setting it aside, it is obvious that there is nothing in the record prejudicial to the appellant or upon which an appeal could be predicated by him. If there...