Tardy v. Murry

Citations

• 17 Ala. 585

Syllabus

<p>1. A certificate, which omits to show the time at which the -writ of error issued and the term to which it is returnable, is /Sufficient to authorise •, an affirmance of the judgment. '</p> <p>2. If a writ of error he not returned to the term to which it issued, but is abandoned, by the party afterwards suing out a new one returnable t'o a subsequent term, it becomes a nullity, and a certificate issued on it, pending the second writ, will not authorise an affirmance of the judgment.</p> <p>Note b.y Reporter. — On. a subsequent day of lbs team» the motion for an affirmance was renewed on production, of the-, proper certificate, which was resisted, and the following opinion, was delivered.</p>