McLeod v. Home Pattern Co.

• Decision Date: 13 January 1925
• Docket Number: 4 Div. 24
• Parties: McLEOD et al. v. HOME PATTERN CO.
• Court: Alabama Court of Appeals

102 So. 597

20 Ala.App. 430

McLEOD et al. v. HOME PATTERN CO.

4 Div. 24

Court of Appeals of Alabama

January 13, 1925

Certiorari to Circuit Court, Barbour County; J.S. Williams, Judge.

Action by the Home Pattern Company against S. & R. McLeod. Judgment for plaintiffs, and defendants petition for common-law certiorari. Writ granted. Judgment annulled.

W.H. Merrill, of Eufaula, for petitioners.

G.L. Comer & Son, of Eufaula, opposed.

SAMFORD, J.

On January 28, 1924, the judge presiding in the circuit court of Barbour county made the following bench notes:

"The demurrers of defendants having been overruled, the defendants decline to plead further, and took an appeal with bill of exceptions, and judgment was rendered for plaintiff for the amount sued for, as shown in the complaint, and defendants except to such action of the court."

On August 25th following, and after the term of the court, the clerk entered the following judgment:

"This cause coming on to be heard on this day, is submitted to the court without the intervention of a jury on the testimony taken, and the same being considered and understood by the court, defendants' demurrers are overruled. Defendants decline to plead further and take an appeal with bill of exceptions. Being considered by the court, it is ordered, adjudged, and decreed by the court, that plaintiff have and recover of defendants S. & R. McLeod the amount sued for as shown in complaint, and to such action of the court defendants except."

It is conceded that this judgment is erroneous. 15 R.C.L. p. 593, § 30; Lockwood v. Thompson & Buchmann, 198 Ala. 295, 73 So. 504.

It appearing upon the face of the record that the judgment entered August 25, 1924, was entered after the adjournment of court at which the case was tried, and at a time when the court had lost control of its judgments rendered at the preceding term, the act of entering said judgment was without authority of law and the judgment is void. The writ is granted, and the judgment entered August 25, 1924, is annulled.