Ex parte Smith
Supreme Court of Alabama
Original petition in the Supreme Court. Application by Alfred Smith for mandamus, the writ to be directed to Hon. C. W. Ferguson, Judge of the Birmingham City Court.
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Original petition in the Supreme Court. Application by Alfred Smith for mandamus, the writ to be directed to Hon. C. W. Ferguson, Judge of the Birmingham City Court. Petition alleges that the petitioner entered suit in the city court of Birmingham against C. D. Smith & Co. for damages for personal injury; that on June 6, 1909, upon a. jury trial, the cause resulted in a mistrial; that on the 9th day of June, 1909, motion was made to require plaintiff: to give security for cost, and upon default to dismiss the cause; that on June 12, 1909, an order was 'made dismissing the cause unless the…
1Opinion of the CourtAnderson, J.
More than 30 days having expired from the rendition of the final judgment dismissing the plaintiff’s case, when the motion to reinstate same was made, the trial court was powerless to grant said motion, under the practice act of the city court of Birmingham (Acts 1888-89, p. 992). Ex parte James, 125 Ala. 119, 28 South. 69; Ex parte Highland Ave. R. R., 105 Ala. 221, 17 South. 182; Ex parte Payne, 130 Ala. 189, 29 South. 622. It may be that the plaintiff proceeded under section 5372 of the Code of 1907 for a rehearing within four months; but whether he did or did not make out a case for a…
2Cases cited10 opinions
- First National Bank v. CheneySupreme Court of Alabama · 1897
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Ex parte Highland Avenue & Belt RailroadSupreme Court of Alabama · 1894
- Ex parte HendreeSupreme Court of Alabama · 1873
- Ex parte ColeSupreme Court of Alabama · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- State v. CobbSupreme Court of Alabama · 1972
- Ex Parte WrightSupreme Court of Alabama · 1932
- Ex parte BradshawSupreme Court of Alabama · 1911
- Ex Parte CarrollSupreme Court of Alabama · 1960
6 more not listed; retrieve them via the Exa API.