Ex parte Lowe
Supreme Court of Alabama
Motion for a mandamus against the Circuit Judge of the eighth judicial circuit. 1. Tbe order granting a new trial on payment of cost was an absolute grant of a new trial. Wheatly v. Price, 3. J. J. Marsh. 169; Dana v. Gill, 5 J. J. Marshall, 243; Johnson v. Taylor & Beed, 3 Smedes & Mar. 99; Beese v. Billing, 9 Ala. Bep. 263; Stephenson v. Mansony, 4 Ala. Bep. 317; Whitaker y. Sanford, 13 Ala. Rep. 522; Lyon v. Long, 6 Ala.
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Motion for a mandamus against the Circuit Judge of the eighth judicial circuit. 1. Tbe order granting a new trial on payment of cost was an absolute grant of a new trial. Wheatly v. Price, 3. J. J. Marsh. 169; Dana v. Gill, 5 J. J. Marshall, 243; Johnson v. Taylor & Beed, 3 Smedes & Mar. 99; Beese v. Billing, 9 Ala. Bep. 263; Stephenson v. Mansony, 4 Ala. Bep. 317; Whitaker y. Sanford, 13 Ala. Rep. 522; Lyon v. Long, 6 Ala. Bep. 103. Cost could not be paid before it was taxed, and in many instances it could not be taxed during the term of the court. Southerland v. Sheffield, 2 Wend. 293. 2. A…
1Opinion of the CourtDargan, C. J.
Benjamin P. Hunter brought an action on the case against Lowe, in the Circuit Court of Montgomery, and at the Fall term, 1850, obtained a verdict and judgment for $180 54-100. During the same term Lowe, the defendant, moved the court for a new trial, and the motion coming on to be beard, the following order was made: “Came the parties by their attorneys, and the defendant moves the court for a new trial, on the ground that the verdict was contrary to law and without evidence; which motion being beard and understood by the court, it is considered that a new trial be granted the defendant, on…
2Cases cited3 opinions
- Stephenson v. MansonySupreme Court of Alabama · 1842
- Reese v. BillingSupreme Court of Alabama · 1846
- Willis & Co. v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1851
3Cited by18 opinions
- Wood v. StrotherCalifornia Supreme Court · 1888
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Atlantic Greyhound Corp. v. Public Service CommissionWest Virginia Supreme Court · 1949
- Steele v. County CommissionersSupreme Court of Alabama · 1887
- Davis v. McCollochSupreme Court of Alabama · 1914
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