Ex parte Dillard
Supreme Court of Alabama
This was a petition to this court for a writ of mandamus by Mary H. Dillard, as tbe executrix of the last will and testament of P. W. Dillard, deceased, seeking to compel Hon. H. D. Clayton, as Judge of tbe Third Judicial Circuit, to strike from the docket of tbe Circuit Court of Lee county, a cause which bad been brought to that court, wherein the petitioner, as such executrix, was plaintiff, and one Gatsy Nice was defendant.
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This was a petition to this court for a writ of mandamus by Mary H. Dillard, as tbe executrix of the last will and testament of P. W. Dillard, deceased, seeking to compel Hon. H. D. Clayton, as Judge of tbe Third Judicial Circuit, to strike from the docket of tbe Circuit Court of Lee county, a cause which bad been brought to that court, wherein the petitioner, as such executrix, was plaintiff, and one Gatsy Nice was defendant. Tbe material averments of the petition are, that at tbe spring term of said court, tbe petitioner obained judgment against Bice in said cause (it being an action in tbe…
1Opinion of the CourtBriokell, C. J.
The grant or refusal of a new trial is matter purely of discretion in the primary court. Upon the grant, or upon the refusal, the court may impose such terms or conditions as are deemed proper to advance the justice of the particular case. The party in whose favor the verdict is rendered, may be required as the condition upon which a new trial is refused, to relinquish a part of the sum found for him *597by the verdict. Whether he will submit to the the condition is matter of choice with him. If he declines, the new trial will be granted, — or, if he consents, it will be refused, and the recovery…
2Cases cited3 opinions
- Ex parte LoweSupreme Court of Alabama · 1852
- Alabama Coal & Navigation Co. v. StateSupreme Court of Alabama · 1875
- Ex parte JonesSupreme Court of Alabama · 1860
3Cited by1 opinion
- First Nat. Bank of Birmingham v. GarrisonSupreme Court of Alabama · 1938