Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
Joshua KENNEDY vs. Lud HARRIS
December, 1823
On motion of the counsel for Harris, the writ of error in this case (from Baldwin Circuit Court) was dismissed, because no citation appeared to have issued. He afterwards produced a certificate of the clerk, showing that a judgment had been rendered in favor of Harris against Kennedy; that Kennedy had obtained a writ of error and superseded the judgment, and he now moves for an affirmance of the judgment, as described in the certificate. In resistance of the motion, the counsel for Kennedy referred to a transcription of the record, purporting to be of the same case, by which it appears that the case was referred to arbitrators, who returned an award on which judgment had not been entered.
JUDGE SAFFOLD.—Harris, the defendant in error, shows by a certificate in strict conformity to the statute, that a judgment was rendered by the Circuit Court. The transcript referred to by the plaintiff in error has not been made a part of the record here; it if had been, the discrepancy would appear to require that a certiorari should issue. But the defendant has no inducement to apply for a certiorari, and the plaintiff in error, not having brought himself regularly before this court, is not entitled to one. We must therefore take the judgment to be as described in the certificate, and it must be affirmed.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 135.
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