Legal Opinion

Ex Parte Bergeron

Supreme Court of Alabama

Decided December 21, 1939No. 1 Div. 76PublishedCited by 2 opinions

1Opinion of the Court

THOMAS, Justice.

The purpose of the mandamus is to test the authority of the trial judge to vacate the final decree of August 11, 1939.

Many years ago this Court decided that when the record shows due service of process or notice and the judgment rendered is not void on its face, the. court which rendered the judgment cannot after the lapse of the term either alter or vacate the judgment on the motion of either of the parties.

After the lapse of thirty days from the rendition of a final decree, to vacate the same a bill in equity in the nature of a bill of review is required. Such was not the…

2Cases cited3 opinions

  1. New Home Sewing MacHine Co. v. Benson & Co.Supreme Court of Alabama · 1939
  2. Snyder v. WoolfSupreme Court of Alabama · 1936
  3. McWilliams v. MartinSupreme Court of Alabama · 1939

3Cited by2 opinions

  1. Capps v. NordenSupreme Court of Alabama · 1954
  2. Ex Parte SmithSupreme Court of Alabama · 1953

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