Stewart v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the lion. Robert Dougherty. This was an application for a rehearing after final judgment at law, under section 2408, by Ezekiel Stewart, who was the plaintiff in the action at law. The action was commenced in April, 1846, and was founded on the defendant’s promissory note for $35, and his breach of a written agreement to deliver to plaintiff a horse, wagon, and yoke of oxen.
Read the full summary
Appeal from the Circuit Court of Randolph. Tried before the lion. Robert Dougherty. This was an application for a rehearing after final judgment at law, under section 2408, by Ezekiel Stewart, who was the plaintiff in the action at law. The action was commenced in April, 1846, and was founded on the defendant’s promissory note for $35, and his breach of a written agreement to deliver to plaintiff a horse, wagon, and yoke of oxen. The note and property mentioned were the agreed price of a negro and a mare, sold and delivered by plaintiff' to defendant, on a contract of exchange or sale. The…
1Opinion of the Court
STONE, J.—
The remedy provided by the Code, (sections 2408, et seg.,) is purely statutory. To claim the benefit of its remedial provisions, the applicant must set forth in his petition facts which show that, without fault on his part, he “ has been prevented from making his defense by surprise, accident, mistake or fraudand this application must be made within four months after the rendition of judgment.
In Pratt v. Keils, 28 Ala. 390, and in White v. Ryan & Martin, 31 Ala. 400, we construed the sections of the Code which confer the remedy invoked in this case. In the case last cited, the…
2Cases cited2 opinions
- White v. RyanSupreme Court of Alabama · 1858
- Pratt v. KeilsSupreme Court of Alabama · 1856
3Cited by6 opinions
- National Fertilize Co. v. HinsonSupreme Court of Alabama · 1893
- Dulin v. JohnsonSupreme Court of Alabama · 1927
- Martin v. HudsonSupreme Court of Alabama · 1875
- Boswell v. TownsendSupreme Court of Alabama · 1876
- Dothard v. TeagueSupreme Court of Alabama · 1867
1 more not listed; retrieve them via the Exa API.