Elliott v. Cook
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. (The name of the presiding judge is not shown by the record.) This was an application for a rehearing after final judgment at law, under section 2408 of the Code.
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Appeal from the Circuit Court of Lauderdale. (The name of the presiding judge is not shown by the record.) This was an application for a rehearing after final judgment at law, under section 2408 of the Code. The application was made by Robert Elliott, against whom a judgment had been rendered in favor of Lemuel Cook, at the April term. 1857, of said circuit court, and alleged these facts: That the action was instituted at the April term, 1857, and sought to recover for pretended services rendered by the plaintiff therein, as counsel for the defendant in two chancery cases; that the petitioner…
1Opinion of the Court
"WALKER, J.—
The appellant does not show, by his petition, that he was “'prevented from making his defense by surprise, accident, mistake, or fraud, without fault on his part.” The demurrer to the petition was, therefore, properly sustained; and the judgment of the court below must be affirmed.—White v. Ryan & Martin, 31 Ala. 400; Stewart v. Williams, at the present term.
2Cases cited1 opinion
- White v. RyanSupreme Court of Alabama · 1858
3Cited by8 opinions
- Ex parte WalkerSupreme Court of Alabama · 1875
- Little v. PeevySupreme Court of Alabama · 1939
- Talladega Mercantile Co. v. McDonaldSupreme Court of Alabama · 1892
- Ex parte WallaceSupreme Court of Alabama · 1877
- Dothard v. TeagueSupreme Court of Alabama · 1867
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