Williams v. Tyler
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Petition by Myrtle S. Wililams for new trial in the case of W. G. Tyler v. Myrtle S. Williams, in which judgment was rendered nil dicit, for plaintiff and against petitioner. From an order sustaining demurrer to petition, petitioner appeals.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Petition by Myrtle S. Wililams for new trial in the case of W. G. Tyler v. Myrtle S. Williams, in which judgment was rendered nil dicit, for plaintiff and against petitioner. From an order sustaining demurrer to petition, petitioner appeals. The following is the amended petition: Comes the petitioner,. Myrtle S. Williams, who is the defendant in the above-styled cause, No. 32544, and respectfully represents unto the court that she was prevented from making her defense in the above-styled cause No. 32544 by surprise, accident,…
1Opinion
ON REHEARING.
THOMAS, J.
On application for rehearing, it is said in appellant’s brief:
“This court, bowing to what it conceives to be-the authority of the Supreme Court in the case of Henley v. Chabert, concludes that this case presents no stronger appeal for relief than that case, and holds that if a lawyer, upon the perusal of a printed docket setting out a number of cases, fails to find a particular case of his upon that particular docket, he must conclude that something wrong had happened, because the case necessarily should have been on that docket. * * * This court surely knows that all…
2Cases cited15 opinions
- Evans v. WilhiteSupreme Court of Alabama · 1910
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Hendley v. ChabertSupreme Court of Alabama · 1914
- Watts v. GayleSupreme Court of Alabama · 1852
- Roman v. LentzSupreme Court of Alabama · 1912
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