Stephenson v. Mansony
Supreme Court of Alabama
Wkit of Error to the Circuit Court of Mobile. This was an action of trespass by the defendant in error against the plaintiffs, to try the title to, and recover the possession of, certain real estate, situate in the county of Mobile, together with damages for its occupancy. The cause was tried at the term of the Court holden in April, 1839, and a verdict returned in favor of the plaintiff, that he recover the possession of the land and one thousand dollar's damages.
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Wkit of Error to the Circuit Court of Mobile. This was an action of trespass by the defendant in error against the plaintiffs, to try the title to, and recover the possession of, certain real estate, situate in the county of Mobile, together with damages for its occupancy. The cause was tried at the term of the Court holden in April, 1839, and a verdict returned in favor of the plaintiff, that he recover the possession of the land and one thousand dollar's damages. On the first day of June, 1839, during the same term, the defendant moved the Court for a new trial; in answer to which the Court…
1Opinion of the Court
COLLIER, G~. J.
It is a right incidental to all Courts invested with the jurisdiction to hear and determine causes, to grant new trials so as to promote justice.
*319This power, though guided by certain rules which have been laid down from time to time, must, of necessity, be to a great extent discretional. An order for this purpose may be either absolute or unqualified, or may be conditional and impose upon the party asking it the performance of some act, or to prevent a new trial it may require the party against whom the motion is made to renounce at his election, some advantage he has gained.…
2Cases cited2 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- Ex parte NelsonNew York Supreme Court · 1823
3Cited by17 opinions
- Davis v. McCollochSupreme Court of Alabama · 1914
- Ex parte LoweSupreme Court of Alabama · 1852
- Clark v. New York, New Haven & Hartford R. R.Supreme Court of Rhode Island · 1911
- Walker v. HaleSupreme Court of Alabama · 1849
- Rhea v. TuckerSupreme Court of Alabama · 1876
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