State v. Gardner
Supreme Court of Alabama
Appeal from Circuit Court of Russell. Tried before Hon. LittleberRy Strange. The facts are sufficiently stated in the opinion.
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Appeal from Circuit Court of Russell. Tried before Hon. LittleberRy Strange. The facts are sufficiently stated in the opinion. The circuit court in no instance has the jurisdiction to grant a motion allowing a rehearing after final judgment at a previous term, on the ground of “ mistake or inadvertence,” and that “ the defendant had a good defense, of which he has been deprived by mistake and accident,” &c., when the motion was made altogether at a subsequent term to the one at which the final judgment was rendered. — See Holloioay v. Washington, 3 Ala. 688; Byrd v. McDaniel, 26 Ala. 585;…
1Opinion of the CourtPeters, J.
This is an application by petition to a judge of the circuit court for a rehearing after final judgment in that court. It appears from the bill of exceptions and the record of the proceedings in the court below, that at the fall term of the circuit court of Russell county, in 1859, a conditional judgment against the defendant as a defaulting juror was made absolute. This judgment is in these words:
The State of Alabama, For the use of Russell County, vs. Benjamin Gardner. 1 Comes Ulysses Lewis, ¡Esq., solicitor who prose- [ cutes for the State, and J the defendant being called came not, but…
2Cases cited7 opinions
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- White v. RyanSupreme Court of Alabama · 1858
- Pratt v. KeilsSupreme Court of Alabama · 1856
- Helvenstein v. HiggasonSupreme Court of Alabama · 1859
- Gill v. DownsSupreme Court of Alabama · 1855
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3Cited by4 opinions
- Ex parte NorthSupreme Court of Alabama · 1873
- Bryant v. StateAlabama Court of Appeals · 1915
- Donegan & Tabor v. WoodSupreme Court of Alabama · 1873
- Wallace v. MarksteinSupreme Court of Alabama · 1906