State v. Williams

• Decision Date: 08 June 1926
• Docket Number: 4 Div. 249
• Citation: 21 Ala.App. 427,109 So. 177
• Parties: STATE ex rel. McKENZIE v. WILLIAMS, Judge.
• Court: Alabama Court of Appeals

109 So. 177

21 Ala.App. 427

STATE ex rel. McKENZIE v. WILLIAMS, Judge.

4 Div. 249

Court of Appeals of Alabama

June 8, 1926

Original mandamus by the State, on the relation of J.A. McKenzie, for mandamus, to Hon. J.S. Williams, as Judge of the Circuit Court of Russell County. Writ denied.

Frank M. De Graffenried, of Seale, for petitioner.

J.S Williams, of Clayton, pro se.

SAMFORD J.

Petitioner was convicted in the recorder's court of Phenix City for the violation of an ordinance of said city, and appealed to the circuit court of Russell county, where the cause was regularly docketed and duly tried on the 9th day of October 1925, at which time the trial judge entered on the trial docket the following bench notes:

"October 9, 1925. The plaintiff is allowed to amend the certificate, and defendant excepts. Defendant's motion as shown by the notes of stenographer is overruled, and defendant excepts to the ruling of the court. This cause was tried without the intervention of a jury, and the court, having heard the evidence, is of the opinion that the defendant is guilty, and he is adjudged guilty and is assessed a fine of $100 and costs. The defendant and Carey Williams and C.L. Windham, his sureties confessed judgment for fine and costs, waive exemptions as to personal property, and consents that execution issue. The defendant gives his notice in writing of an appeal to the Court of Appeals of Alabama, and his bond is assessed in the sum of $500, and the judgment is suspended, pending such appeal."

No judgment was entered on the minutes of the court during the fall term, 1925, nor for 30 days thereafter. On April 2, 1926, the court ex mero motu caused to be entered the following order:

"Whereas it appears, from an examination of the docket of the circuit court of Russell county, that during the fall term of said court in the weeks of October 5 to October 10th, and October 12 to October 17, respectively and inclusively, in the year 1925, certain judgments were not entered on the minutes of said court, it is therefore ordered that all judgments, civil and criminal, which were not entered on the minutes of the circuit court of Russell county be now entered on such minutes by the clerk of said court, and that this order be likewise spread on the minutes of the court.

"Done in open court, this the 2d day of April, 1926. J.S. Williams, Judge Third Judicial Circuit of Alabama."

No judgments have been entered pursuant to said order, but it is alleged that such judgments will be entered unless this court grants the prayer of the petition. It is also alleged that application has been made to the trial judge praying that the order dated April 2, 1926, be set aside and annulled and by him denied. The cause is submitted on petition and answer and all facts are admitted. Except as is otherwise provided by statute, the circuit court of Russell county lost control of its journals on final adjournment or the expiration of the statutory period. During the term or for the time specified by statute the court retains control of its journals and judgments. Prudential Gas. Co. v. Kerr, 202 Ala 259, 80 So. 97. It appears therefore that, except as is otherwise provided by statute, hereinafter to be discussed, at the time the order dated April 2, 1926, was entered, the court had lost all power over the journals...