Hauser v. Foley & Co.
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Tpiomas H. Smith. Bill by J. J. Hauser against Foley & Company, to enjoin the enforcement of a judgment at law, and to vacate and annul said judgment. Decree for respondent and complainant appeals.
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Appeal from Mobile Chancery Court. Heard before Hon. Tpiomas H. Smith. Bill by J. J. Hauser against Foley & Company, to enjoin the enforcement of a judgment at law, and to vacate and annul said judgment. Decree for respondent and complainant appeals. The bill as amended shows that about August 28, 1908, Foley & Company recovered a judgment against complainant for $72 and costs in a certain justice court, without service of summons or other process upon him, and without his having knowledge in fact of the pendency of the suit against him; that the return of the officer shows due and regular…
1Opinion of the Court
SOMERVILLE, J.—(1) In the absence of a statute providing otherwise, a justice of the peace has no control over a judgment after the day of its rendition; and such judgment, if valid upon its face, cannot be thereafter vacated by him on the motion of a party for any sort of irregularity in fact. — 24 Cyc. 596d.
In the present case the complainant could not by direct motion have procured the vacation of the judgment erroneously rendered against him by the justice of the peace, except, of course, by the consent of the plaintiff therein; and his only remedy was by the statutory writ of certiorari…
2Cases cited13 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Chase v. ChaseSupreme Court of Rhode Island · 1897
- Evans v. WilhiteSupreme Court of Alabama · 1910
- Rives v. MorrisSupreme Court of Alabama · 1895
- Chamblee v. ColeSupreme Court of Alabama · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- de Graffenried v. BreitlingSupreme Court of Alabama · 1915
- Gill v. MoreSupreme Court of Alabama · 1917
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Duncan v. JohnsonSupreme Court of Alabama · 1976
25 more not listed; retrieve them via the Exa API.