Ex parte Hayes
Supreme Court of Alabama
Application for mandamus to the Circuit Court of Montgomery, Hon. John P. Hubbard presiding, on the facts stated in the opinion. Agreements of counsel as to trial of causes have the same binding force as if made by the parties themselves; and the admission ot counsel, made to dispense with some formal iiroof at the trial are generally conclusive. 1 Brick.
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Application for mandamus to the Circuit Court of Montgomery, Hon. John P. Hubbard presiding, on the facts stated in the opinion. Agreements of counsel as to trial of causes have the same binding force as if made by the parties themselves; and the admission ot counsel, made to dispense with some formal iiroof at the trial are generally conclusive. 1 Brick. Dig-, p. 193, § 55 ; Starke v. Keenan, 11 Ala. 818; Rosenbaum v. State, 33 Ala. 354; Saltmarsh v. Bower, 34 Ala. 613; Young v. Wright, 1 Camp. 140. The exception is where there has been a gross mistake or fraud. Harvey v. Thorpe, 28 Ala.…
1Opinion of the CourtWalker, J.
At the June term 1890 of the Montgomery Circuit Court, before the trial of the pending case of El 0. Hayes v. W. D. Wescott, an agreed statement of facts in that case was made, reduced to writting and signed by the attorneys for the respective parties. This statement was used in the trial of the case at that term of the court. The result of that trial was a judgment for the defendant. The plaintiff, thereupon, sued out an appeal to this court, and a judgment has been here rendered reversing the judgment of the Circuit Court., and remanding the case. ' Said agreement states, among other…
2Cases cited16 opinions
- State ex rel. Pinney v. WilliamsSupreme Court of Alabama · 1881
- Norman v. BurnsSupreme Court of Alabama · 1880
- Harvey v. ThorpeSupreme Court of Alabama · 1856
- Wilson v. SpringIllinois Supreme Court · 1872
- Ex parte GarlandSupreme Court of Alabama · 1868
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
- Ex parte WattersSupreme Court of Alabama · 1913
- Brocato v. BrocatoSupreme Court of Alabama · 1976
22 more not listed; retrieve them via the Exa API.