Harvey v. Thorpe
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapiee. This action was brought by the appellants, Caroline Caldwell, Alexander Harvey and Matilda, his wife, as heirs-at-law of Sebastian Shade, against Andrew Thorpe and Charles Thorpe, “ to recover a parcel of land in the city of Mobile, situate to the south of Dauphin street, and bounded thereon, and measuring fifty feet, bounded on the west by the property of George Davis, and extending with the same…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapiee. This action was brought by the appellants, Caroline Caldwell, Alexander Harvey and Matilda, his wife, as heirs-at-law of Sebastian Shade, against Andrew Thorpe and Charles Thorpe, “ to recover a parcel of land in the city of Mobile, situate to the south of Dauphin street, and bounded thereon, and measuring fifty feet, bounded on the west by the property of George Davis, and extending with the same width one hundred feet”; and was. commenced on the 27th October, 1845. The defendants pleaded, in short by consent, the…
1Opinion of the Court
GOLDTHWAITE, O, J.
As to the action of the court in allowing the defendants to introduce evidence in opposition to their agreement in writing, we see no error. Conceding, so far as the present case is concerned, that attorneys may bind their clients by such admissions as were here made, it is only necessary to observe, that where they are made improvidently and by mistake, the court, ,sby means of its coercive powers over its own officers, has authority to relieve against the consequences of the admission; regulating its action in this respect with a just regard to the rights of both parties,…
2Cases cited2 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Blade v. NolandNew York Supreme Court · 1834
3Cited by21 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Gaston v. MerriamSupreme Court of Minnesota · 1885
- Garrett v. GarrettSupreme Court of Alabama · 1881
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Prestwood v. WatsonSupreme Court of Alabama · 1895
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