Ex parte Smith
Supreme Court of Alabama
This was an application by Jeremiah Smith, for a writ of prohibition, or other remedial process 'from this court, to be directed to the chancery court of Randolph, Hon. JoHN Fostee presiding, to vacate, set aside, and prevent further proceedings under an interlocutory order of said chancery court, rendered in a suit therein pending, wherein said Jeremiah Smith was defendant, and Mrs. Margaret E. Smith, his wife, complainant.
Read the full summary
This was an application by Jeremiah Smith, for a writ of prohibition, or other remedial process 'from this court, to be directed to the chancery court of Randolph, Hon. JoHN Fostee presiding, to vacate, set aside, and prevent further proceedings under an interlocutory order of said chancery court, rendered in a suit therein pending, wherein said Jeremiah Smith was defendant, and Mrs. Margaret E. Smith, his wife, complainant. The record submitted with the application shows the following facts: On the 7th July, 1856, Jeremiah Smith filed his bill in said chancery court, asking a decree of…
1Opinion of the Court
ft. W. WALKER, J.
The real nature of a bill is to be determined rather by its substance — that is, by its allegations and object — than by the title which the pleader chooses to give it. The bill in this case is called by the complainant a bill of review. It is obvious, however, that it is not a bill of review; for that cannot be filed,,except upon the ground of error on the face of the decree, or of new matter which has arisen or been discovered since the publication of testimony in the original suit. Nor is it what is termed a supplemental bill in the nature of a bill of review, for this…
2Cases cited6 opinions
- Ex parte SmithSupreme Court of Alabama · 1853
- People v. S. S. SewardNew York Supreme Court · 1832
- North v. NorthNew York Court of Chancery · 1845
- Osgood v. OsgoodNew York Court of Chancery · 1831
- Ex parte City CouncilSupreme Court of Alabama · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Johnson v. JohnsonSupreme Court of Alabama · 1913
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Shrader v. ShraderSupreme Court of Florida · 1895
38 more not listed; retrieve them via the Exa API.