Ketchum v. Dennis
Supreme Court of Alabama
Appeal from the Probate Court of Wilcox. In the matter of the petition of J. C- Dennis and Clara A. Dennis, (formerly Clara A. Cleagh,) his wife, to set aside a decree of said probate court, rendered on the 13th March, 1865, on final settlement of the accounts and vouchers of W. H. Ketchum and Willie S. Ketchum, as guardians of the said Clara, and to obtain a new trial of the cause.
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Appeal from the Probate Court of Wilcox. In the matter of the petition of J. C- Dennis and Clara A. Dennis, (formerly Clara A. Cleagh,) his wife, to set aside a decree of said probate court, rendered on the 13th March, 1865, on final settlement of the accounts and vouchers of W. H. Ketchum and Willie S. Ketchum, as guardians of the said Clara, and to obtain a new trial of the cause. The petition was sworn to, by both of the petitioners, before a notary public in New Orleans, on the 6th July, 1866; was filed in the office of the probate judge, on the 13th August, 1866; and alleged that said…
1Opinion of the CourtJudge, J.
A material difference exists, between an application for a re-hearing under section 2407 or 2408 of the Code, and an application for a new trial under the ordinance of the State convention, adopted September 28, 1865. An application for a re-hearing, under the Code, must be by petition, in which the matter complained of must be stated, with a prayer for the appropriate relief; and the court may direct the trial of all questions of fact by a jury, upon an issue made up under its direction. Such a proceeding contains more of the elements of an original action, than of a motion for a new trial,…
2Cases cited6 opinions
- White v. RyanSupreme Court of Alabama · 1858
- Pratt v. KeilsSupreme Court of Alabama · 1856
- Davis v. McCampbellSupreme Court of Alabama · 1861
- Elliott v. CookSupreme Court of Alabama · 1859
- Garrett & Bibb v. TerrySupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ex parte NorthSupreme Court of Alabama · 1873
- McLendon v. Darden & Co.Supreme Court of Alabama · 1875