Saunders v. Coffin
Supreme Court of Alabama
Error to the Circuit- Court of Mobile. Tried before the Hon/ John Bragg. 1. When a suit is continued and:the continuance entered of record, the parties are then discharged from attendance until next .term, It is erroneous during same term to proceed to final judgment. Innerarity v. Frowner, 2 Ala, Rep. 150. 2. The court cannot order plaintiff to be non-suited against his consent. Smith’s adm’r v. Taylor & Seaton, Min.
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Error to the Circuit- Court of Mobile. Tried before the Hon/ John Bragg. 1. When a suit is continued and:the continuance entered of record, the parties are then discharged from attendance until next .term, It is erroneous during same term to proceed to final judgment. Innerarity v. Frowner, 2 Ala, Rep. 150. 2. The court cannot order plaintiff to be non-suited against his consent. Smith’s adm’r v. Taylor & Seaton, Min. Rep.,75; Phillips v. Jordan, 3 Stewart, 38; Hun.t v. Stewart, 7 Ala. Rep. 525. 3. The cases cited from Price and other English-authorities have no application to this case, as…
1Opinion of the CourtDargan, J.
The record shows that oa the 27th day of December 1848, the death of McCullough, one of the defendants, was suggested, and the cause continued by the plaintiff. On the 4th day of January 1849, it being a day of the same term, the following entry was made: “ This day came the parties by their attorneys, and on motion of the defendant, the continuance entered in this cause on a former day is set aside, and it is considered by the court, that the plaintiff take a non-suit, and that the defendant go hence without day and recover of the plaintiff his cost in this behalf expended, to all which the…
2Cases cited5 opinions
- Dunn v. Bank of MobileSupreme Court of Alabama · 1841
- Hunt v. StewartSupreme Court of Alabama · 1845
- Neale v. CaldwellSupreme Court of Alabama · 1830
- Johnson v. LattimoreSupreme Court of Alabama · 1844
- Phillips v. JordonSupreme Court of Alabama · 1830
3Cited by7 opinions
- Mi-Lady Cleaners v. McDanielSupreme Court of Alabama · 1938
- Amory v. ReillyIndiana Supreme Court · 1857
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Collins v. StateSupreme Court of Florida · 1869
- National Surety Co. v. First Nat. Bank of OpelikaSupreme Court of Alabama · 1932
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