Ex parte Owens
This text of 52 Ala. 473 (Ex parte Owens) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The record does not disclose a discontinuance of the prosecution. When a cause civil or criminal is regularly introduced into a court of record, although continuances from term to term are not regularly entered as they ought to be, and a failure to enter them is a gross dereliction of clerical duty, they are presumed, unless the record discloses some act of the party plaintiff, by which a chasm in the proceedings is produced. Drinkard v. The State, 20 Ala. 9; 2 Brick. Dig. 369, § 112.
The failure of the presiding judge to sign the minutes of the court does not affect the validity of the record. Bartlett & Waring v. Lang, 2 Ala. 61.
The application for mandamus is denied.
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52 Ala. 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-owens-ala-1875.