COMMERCIAL CREDIT CO. et al. v. STATE ex rel. REID

138 So. 413 COMMERCIAL CREDIT CO. et al. v. STATE ex rel. REID. 4 Div. 595. Supreme Court of Alabama. Dec. 17, 1931. E. O. Baldwin, of Andalusia, and Lange, Simpson & Brantley, of Birmingham, for appellants. Thus. E. Knight, Jr., Atty. Gen., for appel-lee. [MAJORITY — THOMAS, J.] THOMAS, J. The final decree of condemnation in this cause was made and entered by the chancellor on February 21, 1927. This decree, which was a final decree, failed to ascertain and fix the value of the car, which the petition avers was used at the time of its seizure- in and about tbe transportation of alcoholic or other prohibited liqu-ors or beverages. This was a fatal defect in the decree. The order of the court fixing the value of ithe car at -?250 was not made and entered until June 1, 1928, which was more than a year after the rendition of the decree condemning said car, and -ordering its sal-e. This last decree, by lapse of time, had passed out of the control of the court, and the order made fixing- or attempting to fix -the value of the car, and thus to supply a defect in the original decree, was and is void; it being coram non judice. It follows that the motion to quash the execution should have been granted. Reversed and remanded. ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur.