Donnell v. Hamilton
Supreme Court of Alabama
Petition to set aside Judgment of Special Supreme Court. Appeal from the Chancery Court of Limestone. Heard before the Hon. Tiros. Cobbs. In this case, Stone, C. J., and Clopton, L, were incompetent to sit, having been of counsel; 'and the case was thereupon certified by Somerville, J., to the Governor, who appointed Jno. M. McICleroy and Thos. Seay, attorneys of tbe court, to sit with Judge Somerville as- a special court.
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Petition to set aside Judgment of Special Supreme Court. Appeal from the Chancery Court of Limestone. Heard before the Hon. Tiros. Cobbs. In this case, Stone, C. J., and Clopton, L, were incompetent to sit, having been of counsel; 'and the case was thereupon certified by Somerville, J., to the Governor, who appointed Jno. M. McICleroy and Thos. Seay, attorneys of tbe court, to sit with Judge Somerville as- a special court. The statute authorizing such special court is in these words : “ When any two of the judges of the Supreme Court are interested, or disqualified to sit in any cause or…
1Opinion of the Court
A motion is also made in this court by appellant to vacate and annul said decree of this court, of June 12th, 1879.
This presents the question, whether this court can set aside its own judgment and decree, after adjournment of the term at which it was rendered. We think it can not do so, unless the judgment or decree which is sought to be set aside is void on its face. It is not void on its face. It is duly entered as the judgment of the Supreme Court, and the evident purpose of the parties, and the effect of the written agreement entered into by them, were, that it should be so entered. If…
2Cases cited6 opinions
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
- Van Dyke v. StateSupreme Court of Alabama · 1853
- Bullard v. LambertSupreme Court of Alabama · 1866
- Walker v. RoganWisconsin Supreme Court · 1853
- Curtis v. GainesSupreme Court of Alabama · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hamm v. HarriganSupreme Court of Alabama · 1965
- McLendon v. Empire Mining Co.Supreme Court of Alabama · 1917
- Roll v. HowellAlabama Court of Appeals · 1916
- Gramm v. FisherWyoming Supreme Court · 1892
- In Re Thompson's EstateUtah Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.