Callahan v. Lott
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Heard before Hon. John K. Henry. This was an application, by petition, by E. B. Lott, administratrix, to the judge of the circuit court for Monroe county, for a new trial, in the case of R. N. Callahan vs. E. B. Lott, administratrix,
1Opinion of the CourtJudge, J.
There has been no trial in the circuit court, of the facts alleged in the petition in this case, and the order of the circuit judge, made in vacation, superseding the execution, and directing the cause to be placed upon the trial docket, will not support an appeal. The correct practice in such cases, is plainly indicated in the case of Pratt & McKenzie v. Keils & Sylvester, 28 Ala. 390.
We may remark, for the future guidance of the parlies in the court below, that the petition does not seem fully to conform to the requisitions of section 2408, and 2409, of the Code. All the facts relied upon…
2Cases cited1 opinion
- Pratt v. KeilsSupreme Court of Alabama · 1856
3Cited by4 opinions
- Ex parte NorthSupreme Court of Alabama · 1873
- Carroll v. VaughanSupreme Court of Alabama · 1872
- Bowden v. PerdueSupreme Court of Alabama · 1877
- McLendon v. Darden & Co.Supreme Court of Alabama · 1875