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 of the CourtThomas, J.
This is an appeal from the final judgment of the lower court refusing to grant a statutory rehearing applied for under section 5372 of the Code, known as the “four months statute,” and is the proper remedy for reviewing such action of the lower court.—End. Dep. Dis. G. L., etc., v. Harvey, 6 Ala. App. 245, 60 South. 602, and cases cited.. The reporter will set out the petition, as amended, for rehearing, that was so denied. The court sustained a demurrer to it, which presents as the only point for review the question as to whether or not the facts alleged in the, amended petition are…
2Cases cited15 opinions
- Evans v. WilhiteSupreme Court of Alabama · 1910
- Hendley v. ChabertSupreme Court of Alabama · 1914
- Norman v. BurnsSupreme Court of Alabama · 1880
- Ex parte WalkerSupreme Court of Alabama · 1875
- National Fertilize Co. v. HinsonSupreme Court of Alabama · 1893
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3Cited by22 opinions
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- Hanover Fire Ins. Co. v. StreetSupreme Court of Alabama · 1934
- Blythe v. EnslenSupreme Court of Alabama · 1929
- State Ex Rel. Herbert v. RenaudSupreme Court of Louisiana · 1925
- Van Knight v. SmokerSupreme Court of Alabama · 2000
17 more not listed; retrieve them via the Exa API.