Brock v. South & North. Ala. R. R.
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. The record in this case shows that, on the 20th February, 1873, James Brock, the appellant, instituted an action, in the Circuit Court of Morgan county, against the South and North Alabama Bailroad Company, to recover damages for personal injuries sustained by his minor son while in the employment of said corporation; that the cause was transferred, by agreement of counsel, to the Circuit Court of…
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Appeal from the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. The record in this case shows that, on the 20th February, 1873, James Brock, the appellant, instituted an action, in the Circuit Court of Morgan county, against the South and North Alabama Bailroad Company, to recover damages for personal injuries sustained by his minor son while in the employment of said corporation; that the cause was transferred, by agreement of counsel, to the Circuit Court of Limestone for trial, and was there continued for several terms ; that at the May term, 1876, Hon. W. B. Wood presiding,…
1Opinion of the CourtSomebyille, J.
— Section 3161 of the Code of 1876 authorizes rehearings in certain cases, after final judgment in the Circuit Court, “where a party has been prevented from making his defense, by surprise, accident, mistake, or fraud, without fault on his part.” Section 3171 extends the benefit of this provision to plaintiffs, so far as applicable to them.
The application in this case is made by appellant under the foregoing statute, and his petition shows the following facts: A suit pending in the Circuit Court of Limestone county, instituted by the appellant, Brock, against the appellee, had, at a regular…
2Cases cited3 opinions
- Perkins v. MooreSupreme Court of Alabama · 1849
- White v. RyanSupreme Court of Alabama · 1858
- Burns v. MayorSupreme Court of Alabama · 1859
3Cited by15 opinions
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- Williams v. TylerAlabama Court of Appeals · 1916
- National Fertilize Co. v. HinsonSupreme Court of Alabama · 1893
- Kingsbury v. MilnerSupreme Court of Alabama · 1881
- Pitts v. HenleyCourt of Civil Appeals of Alabama · 1980
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