Ex parte Parker
Supreme Court of Alabama
Mandamus. Original petition in the Supreme Court. Petition for mandamus by M. F. Parker and another, to compel the city court of Bessemer to vacate an order setting aside a judgment nil dicit.
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Mandamus. Original petition in the Supreme Court. Petition for mandamus by M. F. Parker and another, to compel the city court of Bessemer to vacate an order setting aside a judgment nil dicit. Mandamus is the appropriate and only remedy in this case. — Hatchett v. Milner, 43 Ala. 357; Broyles v. Maddox, 44 Ala. 224; Ex parte North, 49 Ala. 385; Heflin v. Booh Mills, 58 Ala. 613; O’Neal v. Kelly, 72 Ala. 559; Chastain v. Lawrence, 85 Ala. 215; Ex parte Tower M. Co., 103 Ala. 415; Brazeal v. New South C. Co., 131 Ala. 416; 26 Cyc. 208. No good cause was shown for setting aside the judgment. —…
1Opinion of the CourtAnderson, J.
A judgment nil dicit was rendered in favor of. the petitioners against the Bessemer National Bank on October 19, 1910, and was set aside by the court on the 5th day of November, 1910, upon motion of the defendant. While the judgment rendered was nil dicit, there is no material distinction between it and the judgment by default in effect and operation. — Am. & Eng. Enc. Pl. & Pr. 59; Grigg v. Gilmer, 54 Ala. 430. And said judgment having been set aside in term time, and within 30 days after rendition, it was within the control of the court, and it had the discretionary power of setting same…
2Cases cited6 opinions
- Allen v. Lathrop-Hatton Lumber Co.Supreme Court of Alabama · 1890
- Truss v. Birmingham, LaGrange & Macon RailroadSupreme Court of Alabama · 1892
- Brazel v. New South Coal Co.Supreme Court of Alabama · 1901
- Goodwin ex rel. Hale v. HarrisonSupreme Court of Alabama · 1844
- Colley v. SpiveySupreme Court of Alabama · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Ingalls Shipbuilding Corporation v. CahelaSupreme Court of Alabama · 1948
- Ex parte DoakSupreme Court of Alabama · 1914
- Liverpool London Globe Ins. Co. v. LoweSupreme Court of Alabama · 1922
- Ex Parte GaySupreme Court of Alabama · 1924
- Drennen Motor Co. v. PatrickSupreme Court of Alabama · 1932
25 more not listed; retrieve them via the Exa API.