O'Neal v. Kelly
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. The record in this case shows that, on the 12th June, 1879, an action was instituted in said Circuit Court, by summons and complaint, in the name of Emmett O’Neal, “ as administrator of John Harkins, and assignee of George W. Karqper,” against Fleming J. Kelly; that a judgment by nil dicit was rendered in said cause, on the 27th August, 1881, which recites that the defendant appeared and withdrew…
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. The record in this case shows that, on the 12th June, 1879, an action was instituted in said Circuit Court, by summons and complaint, in the name of Emmett O’Neal, “ as administrator of John Harkins, and assignee of George W. Karqper,” against Fleming J. Kelly; that a judgment by nil dicit was rendered in said cause, on the 27th August, 1881, which recites that the defendant appeared and withdrew his pleas; that on the 9th November, 1881, the defendant in the judgment filed his petition, asking a rehearing and new…
1Per curiam
-At one time, there was some conflict in the decisions of this court, as to the proper mode of introducing here, for revision, the action of the City or Circuit Courts in granting or refusing applications for a rehearing under the statute. — Code of 1876, §§ 3160-61. To remove all uncertainty, in Ex parte North (49 Ala. 385), following the earlier decisions, it was announced, that from a judgment refusing the application for a rehearing an appeal would lie, because that judgment is final, disposing of the case; but, if the application was erroneously granted, the order granting it was not a…
2Cases cited2 opinions
- Ex parte NorthSupreme Court of Alabama · 1873
- Heflin v. Rock Mills Manufacturing & Lumber Co.Supreme Court of Alabama · 1877
3Cited by10 opinions
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Brazel v. New South Coal Co.Supreme Court of Alabama · 1901
- Chastain & Lawrence v. ArmstrongSupreme Court of Alabama · 1887
- Ex parte SmithSupreme Court of Alabama · 1910
- New Home Sewing MacHine Co. v. Benson & Co.Supreme Court of Alabama · 1939
5 more not listed; retrieve them via the Exa API.