Tolison v. State

Supreme Court of Alabama

Tolison v. State

39 Ala. 103

DecidedJune 15, 1863

StatusPublished

This text of 39 Ala. 103 (Tolison v. State) 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.

Bluebook

Tolison v. State, 39 Ala. 103 (Ala. 1863).

Pincite

Opinion

STONE, J.

In tbe proceedings bad in tbis canse, up to tbe rendition of judgment final on tbe bail bond, we find no error wbicb is available to appellants. — See State v. Eldred, 31 Ala. 393; Vasser v. The State, 32 Ala. 586; Welch v. The State, 36 Ala. 377.

[2.] Tbe appellants contend, that tbe judgment should bave been amended nunc pro tunc, so as to discharge B. G. Gibbs from its operation, under tbe 9fch section of tbe act “to regulate judicial proceedings,” approved December .10th, 1861. — Pampb. Acts, 36. Without noticing tbe question of tbe legality of tbe evidence, under wbicb tbe amendment was claimed, or any other point except what is after stated, we think tbe applicant failed to bring bis case within tbe operation of tbe statute, and tbe court did not err in overruling bis motion. Tbe language of tbe statute is, “ That no judgment shall be rendered (except in attachment cases already commenced), against any citizen or resident of tbis State, who is, or shall be, a volunteer in the actual military service/)f tbis State, or of tbe Confederate States, so long as be continues in such military service as a volunteer,” &c. Tbe only facts pertinent to tbis question, on wbicb tbe amendment was claimed, are thus stated in tbe bill of exceptions : “ And that previous to tbe term of tbe court to wbicb it was returnable, tbe said B. G. Gibbs bad enlisted and entered into tbe service of tbe Confederate States of America, and was in actual service at tbe rendition of tbe judgment final.”

Tbe judgment of tbe circuit court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

STONE, J.

In tbe proceedings bad in tbis canse, up to tbe rendition of judgment final on tbe bail bond, we find no error wbicb is available to appellants. — See State v. Eldred, 31 Ala. 393; Vasser v. The State, 32 Ala. 586; Welch v. The State, 36 Ala. 377.

[2.] Tbe appellants contend, that tbe judgment should bave been amended nunc pro tunc, so as to discharge B. G. Gibbs from its operation, under tbe 9fch section of tbe act “to regulate judicial proceedings,” approved December .10th, 1861. — Pampb. Acts, 36. Without noticing tbe question of tbe legality of tbe evidence, under wbicb tbe amendment was claimed, or any other point except what is after stated, we think tbe applicant failed to bring bis case within tbe operation of tbe statute, and tbe court did not err in overruling bis motion. Tbe language of tbe statute is, “ That no judgment shall be rendered (except in attachment cases already commenced), against any citizen or resident of tbis State, who is, or shall be, a volunteer in the actual military service/)f tbis State, or of tbe Confederate States, so long as be continues in such military service as a volunteer,” &c. Tbe only facts pertinent to tbis question, on wbicb tbe amendment was claimed, are thus stated in tbe bill of exceptions : “ And that previous to tbe term of tbe court to wbicb it was returnable, tbe said B. G. Gibbs bad enlisted and entered into tbe service of tbe Confederate States of America, and was in actual service at tbe rendition of tbe judgment final.”

Tbe judgment of tbe circuit court is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

39 Ala. 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tolison-v-state-ala-1863.

Opinion

Related

Cite This Page — Counsel Stack