Rich v. Thornton
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before lion. Leroy F. Box. This was an attachment commenced by Bobert S. Thornton, the ajipellee, against J. B. Bich and T. L. Bryant, the appellants ; was sued out for the purpose of enforcing the payment of certain advances, which, it is alleged, were made by the appellee to them, to enable them to make a crop, and was levied on part of the crop raised by them.
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Appeal from Cherokee Circuit Court. Tried before lion. Leroy F. Box. This was an attachment commenced by Bobert S. Thornton, the ajipellee, against J. B. Bich and T. L. Bryant, the appellants ; was sued out for the purpose of enforcing the payment of certain advances, which, it is alleged, were made by the appellee to them, to enable them to make a crop, and was levied on part of the crop raised by them. At the Fall Term, 1879, of said court, the Hon John Henderson presiding, the appellants moved the court for a-rule against the appellee to show cause why the attachment should not be…
1Opinion of the Court
BRICKELL, O. J.'
The assignments of error are numerous, but pursuing the practice of frequent observance in this court, we shall notice only those insisted upon in the argument of appellants’ counsel.
The power of a court of record over its judgments during the term at which they are rendered, is very large, if not unlimited *475It rests within the sound discretion of the court to set them aside, when satisfied that injustice has been done, or that they have been inadvertently or improvideutly rendered. — Freeman on Judg. § 90. Besting in the discretion of the court to set aside during the term the…
2Cases cited4 opinions
- Brown v. CoatsSupreme Court of Alabama · 1876
- Wimberly v. DallasSupreme Court of Alabama · 1875
- Dryer v. AbercrombieSupreme Court of Alabama · 1877
- Smith v. RobinsonSupreme Court of Alabama · 1847
3Cited by17 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Schaeffer v. WalkerSupreme Court of Alabama · 1941
- Mitter v. Black Diamond Coal Co.Wyoming Supreme Court · 1922
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- Carter v. Long Bros.Supreme Court of Alabama · 1899
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