Stoudenmire v. DeBardelaben
Supreme Court of Alabama
Appeal front tbe Chancery Court of Autauga. Heard before tbe Hon. S. K. MoSpaddeN. Tbe bill in tbis case wa filed on tbe 2d June, 1882, by J. D. Stoudenmire, against Warren L. DeBardelaben; and sought an account of waste, alleged to have been committed by tbe defendant on lands belonging to bis wife, Mrs. Caroline W. DeBardelaben, since deceased, who was tbe mother of tbe complainant by a former busband. Tbe alleged waste SUPREME COURT [Dec.
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Appeal front tbe Chancery Court of Autauga. Heard before tbe Hon. S. K. MoSpaddeN. Tbe bill in tbis case wa filed on tbe 2d June, 1882, by J. D. Stoudenmire, against Warren L. DeBardelaben; and sought an account of waste, alleged to have been committed by tbe defendant on lands belonging to bis wife, Mrs. Caroline W. DeBardelaben, since deceased, who was tbe mother of tbe complainant by a former busband. Tbe alleged waste SUPREME COURT [Dec. Term, [Stoudenmire v. DeBardelaben.j was committed in 1872, on a tract of land which Mrs. De-Bardelaben held under the will of her former husband, called…
1Opinion of the CourtClopton, J.
These are cross appeals. J. D. Stoudenmire, who is complainant in the bill, makes a preliminary motion to strike out the assignments of error relating to the decree of February 8, 1886, assigned by defendant. The contestation on the motion is: complainant insists that the' decree, being final, and having been affirmed at a former term on appeal by the defendant, is beyond the power of the court to open and reconsider on this appeal; and defendant contends, that under the statute, it is the duty of the court to declare the law of the case without regard to any former ruling, or to the time…
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