Mitchel v. Hardie
Supreme Court of Alabama
Appeal from Bussell Chancery Court. Heard before Hon. John A. Foster. Tbis case was before tbe court on former appeal, Hooper v. Hardie, 80 Ala. 114. Tbe opinion in tbe present case sets out every thing necessary to its full understanding. The briefs filed by solicitors for appellants and appellee respectively, are voluminous and argumentative.
1Opinion of the CourtClopton, J.
Notice of the application to file the bill of review was not given to the adverse parties. It is insisted that without such notice' the chancellor had no right to allow the bill to be filed. It may be conceded that the proceeding was irregular, and subjected the bill to a demurrer, or to a motion to be ordered to be taken off the file. The want of notice was merely set up in the answer; but no action of the court thereon was required. Tbe irregularity was not assigned as cause of demurrer, and no motion was made to have the bill taken from the file. The defendants, having answered, and the…
2Cases cited4 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- McCall v. McCurdySupreme Court of Alabama · 1881
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
- Hooper v. HardieSupreme Court of Alabama · 1885
3Cited by12 opinions
- Mudd v. LanierSupreme Court of Alabama · 1945
- Johnson v. McKinnonSupreme Court of Florida · 1907
- Turner v. TurnerSupreme Court of Alabama · 1915
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Graves v. BrittinghamSupreme Court of Alabama · 1923
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