Tabor v. Lorance
Supreme Court of Alabama
Appeal from Chancery Court of Lawrence. Heard before Hon. B. S. Watkins. Motion by the appellee to dismiss the appeal, on the ground that the record shows no final decree revisable by appeal; and counter motion by appellant, if appellee’s motion should prevail, for a mandamus to the chancellor to vacate and set aside the decree appealed from.
1Opinion of the CourtManning, J.
This cause arises out of a petition of appellee, filed February 10th, 1873, to set aside as void a decree of the court, and sale of land under it, made in the year's 1866, 1867, on the ground that there was no such service of process as gave the court jurisdiction of petitioner, and out of the order of the court thereupon setting aside and vacating said decree, and admitting the petitioner to appear and make defense in the original cause.
This court is of opinion, that when the order was made, the office of the petition was fully performed, and the order such a, final decree in the cause…
2Cases cited3 opinions
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Preston v. DunnSupreme Court of Alabama · 1854
- Bruce's v. Strickland's Adm'rSupreme Court of Alabama · 1872
3Cited by6 opinions
- Griffin v. ProctorSupreme Court of Alabama · 1943
- Thornton v. Highland Avenue & Belt RailroadSupreme Court of Alabama · 1891
- Hamilton v. TolleySupreme Court of Alabama · 1923
- Buford v. WardSupreme Court of Alabama · 1895
- Hubbard v. Vredenburgh Sawmill Co.Supreme Court of Alabama · 1932
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