Ex parte Highland Avenue & Belt Railroad
Supreme Court of Alabama
The Highland Avenue & Belt Railroad Company filed its petition addressed to the judges of the Supreme Court, in which they alleged that on October 12, 1894, James W. Fennell recovered a judgment against the petitioner in the city court of Birmingham, in a cause then pending in said city court, in which James W. Fennell was plaintiff, and the Highland Avenue & Belt Railroad Company was defendant; that on November 12, 1894, the petitioner entered a motion on the motion docket…
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The Highland Avenue & Belt Railroad Company filed its petition addressed to the judges of the Supreme Court, in which they alleged that on October 12, 1894, James W. Fennell recovered a judgment against the petitioner in the city court of Birmingham, in a cause then pending in said city court, in which James W. Fennell was plaintiff, and the Highland Avenue & Belt Railroad Company was defendant; that on November 12, 1894, the petitioner entered a motion on the motion docket of said court for a new trial, and that on November 19, 1894, “which was the first regular motion day of said court…
1Opinion of the Court
.HARALSON, J.
The 20th section of the act to amend *223the act establishing the city court of Birmingham, approved 28th February, 1889, (Acts 1888-89, p. 1000), provides : “That final judgment and decrees rendered in said court shall, after the expiration of thirty days from their rendition, be taken and deemed as completely beyond the control of the court, as if the term of said court at which said judgments and decrees are rendered had ended at the end of said thirty days ; provided, however, that nothing herein contained shall prevent parties from applying for new trials or rehearings within…
2Cases cited3 opinions
- Florence Cotton & Iron Co. v. FieldSupreme Court of Alabama · 1894
- Gunnells v. State BankSupreme Court of Alabama · 1851
- Lienkauff & Strauss v. Tuskaloosa Sale & Advancing Co.Supreme Court of Alabama · 1892
3Cited by22 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Pate v. StateSupreme Court of Alabama · 1943
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