Martin v. Hudson

Prior to the Code, the term of the court was the limit within which the power of granting new trials could be exercised. 2 Brick. Dig. 276, § 3. The Code enlarges the power of the court in this respect, and authorizes a grant of rehearings in particular cases, on application properly made, after the close of the term at which final judgment was rendered. R. C. §§ 2812-28 ; Pratt & McKenzie v. Kiels & Sylvester, 28 Ala. 390 ; White v. Ryan & Martin, 31 Ala. 400.

The section of the Code under which this application is made provides, that if a party is prevented from making his defence by…