Hundley v. Yonge
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before lion. James E. Cobb. This action was brought by A. M. Hundley against W. P. Yonge and his wife to enforce a mechanic’s lien for work and labor done by the plaintiff in building a mill on the lands of Mi’S. Yonge. A demurrer to the complaint having been sustained by the court, the plaintiff filed an amended complaint, to which the defendants interposed a demurrer, which was also sustained by the court.
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Appeal from Lee Circuit Court. Tried before lion. James E. Cobb. This action was brought by A. M. Hundley against W. P. Yonge and his wife to enforce a mechanic’s lien for work and labor done by the plaintiff in building a mill on the lands of Mi’S. Yonge. A demurrer to the complaint having been sustained by the court, the plaintiff filed an amended complaint, to which the defendants interposed a demurrer, which was also sustained by the court. Numerous grounds of demurrer were assigned to the original and amended complaints, but as the averments of both show that the plaintiff’s claim did…
1Opinion of the Court
BRICKELL, C. J.-
-The term of the court is’the limit within which the power to grant new trials may be exercised, unless the application is for a rehearing founded on the statutes.- — -Code of 1876, §§ 3159-3171. But if during the term at which the judgment is rendered, a motion for a new trial is made and continued, the court may at a subsequent term hear and decide it. — 2 Brick. Dig. 276, §§ 3-1. Such motions are -not, however, like causes pending in the court in which no final action is had, continued by operation of law, if not decided at the term at which they are made; nor are they kept…
2Cases cited4 opinions
- Van Dyke v. StateSupreme Court of Alabama · 1853
- Edwards v. LewisSupreme Court of Alabama · 1850
- Gunnells v. State BankSupreme Court of Alabama · 1851
- Ex parte JonesSupreme Court of Alabama · 1860
3Cited by14 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Ex parte DoakSupreme Court of Alabama · 1914
- Whatley v. StateSupreme Court of Alabama · 1906
- Hale v. KinnairdSupreme Court of Alabama · 1917
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