Prinz v. Weber
| Decision Date | 12 April 1900 |
| Citation | 126 Ala. 146,28 So. 10 |
| Parties | PRINZ v. WEBER. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Cullman county; H. C. Speake, Judge.
Action by G. A. Prinz, executor, against Geraldine Weber. Upon plaintiff taking a nonsuit and judgment in favor of defendant for costs, plaintiff appeals. Reversed.
This suit was originated in a justice of the peace court by the suing out by the appellant of an attachment against the appellee, who was a nonresident. Upon this writ an attachment was levied upon certain lands, in the absence of personal property belonging to the defendants, upon which the levy could be made. In the justice of the peace court, a personal judgment was rendered against the nonresident defendant, and it was provided in said judgment that the lands levied upon were liable for the judgment rendered and should be sold according to the law of the state. Thereupon the transcript of the judgment and proceedings in the justice of the peace court were certified to the circuit court. In the circuit court the defendant interposed a claim of homestead exemptions to the property levied upon. The plaintiff in the judgment filed a contest of such claim, and issue was made up for the purpose of trying the right of exemptions. The record and proceedings in the justice of the peace court, as certified to the circuit court, and the other papers filed in the circuit court were lost. By a proceeding before the justice of the peace, the record and proceedings had in the trial before him were substituted. During the trial of the contest of the claim of exemptions, the plaintiff offered in evidence the record, proceedings and papers that had been substituted before the justice of the peace who rendered the original judgment. The defendant objected to the introduction of these records and papers in evidence.
Upon the plaintiff taking a nonsuit, judgment was rendered in favor of the defendant for the costs. From this judgment the plaintiff appeals, and assigns as error the rulings of the court upon the evidence. In this court motion is made by the appellee to expunge certain portions of the judgment entry in this case. To sustain this motion ex parte affidavits were filed.
Geo. H Parker, for appellant.
J. B Brown, for appellee.
When the claim of exemptions of the defendant came on to be tried in the circuit court, the plaintiff offered the proceedings and papers that had been substituted before the justice, Fuller. The defendant objected to their introduction, on the grounds, first and second in substance the same, because notice of the substitution of papers was not sufficient to authorize judgment of substitution in justice's court; third, because they were not original papers, but were substituted papers and were irrelevant and immaterial; fourth, because notice from justice of the peace was issued to Max Merx, publisher of Alabama Tribune. The court sustained all these grounds of objection except the third, to which ruling the plaintiff excepted and took a nonsuit with a bill of exceptions. It will be observed, that the objection to the evidence raised and passed on by the court was not that it was illegal and irrelevant, but on grounds simply questioning the regularity of the proceedings of substitution before the justice. The court sustained these...
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Scroggins v. Alabama Gas Corp.
...his decision. Carey v. McDougald, Adm'r, 25 Ala. 109, nor can the matters of the court be covered by ex parte affidavits, Prinz v. Weber, 126 Ala. 146, 28 So. 10. While these two cases deal with contradicting the record, rather than supplementing it, they do provide some authority for allow......
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Liberty Nat. Life Ins. Co. v. Patterson
...by affidavits or other evidence or matters dehors the record.' 4 Corp.Jur. 512, 513, § 2287; Chapman v. Holding, 54 Ala. 61; Prinz v. Weber, 126 Ala. 146, 28 So. 10. 'This rule is based on the soundest policy. If it were otherwise, appellate courts would be kept busy with hearing and settli......
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Johnson v. Bryars
...Union Mutual Ins. Co. v. Robinson, 216 Ala. 527, 113 So. 587; Yorkshire Ins. Co. v. Bachus, 215 Ala. 112, 110 So. 27; Prinz v. Weber, 126 Ala. 146, 28 So. 10. Therefore, this Court cannot sustain either the motion to strike the judgment from the record nor the motion to amend the final judg......
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Rosenberg v. State
... ... correcting the recitals in the transcript certified by the ... clerk of the court as correct. Prinz v. Weber, 126 ... Ala. 146, 28 So. 10; Black v. Pate, 130 Ala. 514, 30 ... So. 434. If appellant considered the bill of exceptions ... signed by ... ...