Ex parte Walker
Supreme Court of Alabama
Tbis was an application by Thomas A. Walker for mandamus to compel the judge of the 10th judicial circuit (Hon. John Henderson) to vacate and set aside a supersedeas ordered by him on the petition of William Curry, praying a supersedeas and for rehearing under the statute, in the case of Thomas A. Walker v. William Curry and Wallcer Curry, wherein said Walker had recovered judgment in the Circuit Court of Talladega against the defendants, for $811.00 and costs, upon a…
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Tbis was an application by Thomas A. Walker for mandamus to compel the judge of the 10th judicial circuit (Hon. John Henderson) to vacate and set aside a supersedeas ordered by him on the petition of William Curry, praying a supersedeas and for rehearing under the statute, in the case of Thomas A. Walker v. William Curry and Wallcer Curry, wherein said Walker had recovered judgment in the Circuit Court of Talladega against the defendants, for $811.00 and costs, upon a promissory note made by them and payable to one James A. Curry. The petition for rehearing and supersedeas alleged, in…
1Opinion of the CourtStone, J.
In Shields v. Burns, 31 Ala. 537, a case like the present one, this court said, speaking of the facts'of that case : “ It is doubtful, to say the least of it, whether any court could say that the defendant was prevented from making his defense by surprise, accident, mistake or fraud. But, conceding that he was so prevented, still that, of itself, is not sufficient to entitle him to a rehearing. He must, in addition to that, show that the prevention was without fault on his part. If he lost the opportunity of making his defense by the neglect, inattention, or mistaken counsel of his own…
2Cases cited6 opinions
- White v. RyanSupreme Court of Alabama · 1858
- Ex parte NorthSupreme Court of Alabama · 1873
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
- Pharr v. ReynoldsSupreme Court of Alabama · 1842
- Shields v. BurnsSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Hendley v. ChabertSupreme Court of Alabama · 1914
- Williams v. TylerAlabama Court of Appeals · 1916
- National Fertilize Co. v. HinsonSupreme Court of Alabama · 1893
- Brown v. BrownSupreme Court of Alabama · 1925
- Eminent Household of Columbian Woodmen v. LockerdSupreme Court of Alabama · 1918
15 more not listed; retrieve them via the Exa API.