Strong v. Catlin's Adm'r
Supreme Court of Alabama
Armal from the Circuit Court of Dallas. Tried before tbe Hon.- Porter KiNG. This case was. before this court at its January term,’, I860, when tbe, judgment of tbe circuit court was reversed, and tbe cause was-.remanded. — -See 35 Ala. 607, Tbe action was .brought by Jobu D. Catlin, (and afterwards revived in the name of bis administrator,) against John M, Strong, “to recover $75, due by account on tbe lOtb January, 1852, for work and. labor done, and materials furnished by…
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Armal from the Circuit Court of Dallas. Tried before tbe Hon.- Porter KiNG. This case was. before this court at its January term,’, I860, when tbe, judgment of tbe circuit court was reversed, and tbe cause was-.remanded. — -See 35 Ala. 607, Tbe action was .brought by Jobu D. Catlin, (and afterwards revived in the name of bis administrator,) against John M, Strong, “to recover $75, due by account on tbe lOtb January, 1852, for work and. labor done, and materials furnished by plaintiff to defendant, at the defendant’s request”; and was .commenced .on the 24th March, 1857. The defendant-pleaded,…
1Opinion of the CourtStone, J.
It has been uniformly held in this court, that the .rulings of the primary courts, in granting or refusing,-applications for-continuance,-and for new trials, are not revisable. -Such applications are addressed to the sound discretion of the presiding judge;; and the question is not varied, if -the case has previously been decided by this court, and the -opinion .pronounced here has not been seen by the judge presiding in the court below. — Shep. Digest, 698, § 9; Spence v. Tuggle, 10 Ala. 538; Phleming v. The State, Minor, 43 ; Starr v. The State, 25 Ala. 49.
■ [2.] The only other question…
2Cases cited5 opinions
- Doty v. WilsonNew York Supreme Court · 1817
- Firemen's Insurance v. CrandallSupreme Court of Alabama · 1858
- Spence v. TuggleSupreme Court of Alabama · 1846
- Starr v. StateSupreme Court of Alabama · 1854
- Hardie v. TurnerSupreme Court of Alabama · 1846
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