Legal Opinion

White v. Ryan

Supreme Court of Alabama

Decided January 15, 1858PublishedCited by 20 opinions

Appeal from tlie Circuit Court of Marshall. Tried before the Hon. Nat. Cook. In this case, a final judgment on verdict having been rendered in favor of Ryan & Martin against Zacbariah "White, the defendant filed a petition for rehearing, within the period allowed by the statute; the material allegations of the petition being as. follows: “Your petitioner was surprised to learn that, at the last term of said circuit court, a judgment was rendered against him, in favor of Ryan…

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Appeal from tlie Circuit Court of Marshall. Tried before the Hon. Nat. Cook. In this case, a final judgment on verdict having been rendered in favor of Ryan & Martin against Zacbariah "White, the defendant filed a petition for rehearing, within the period allowed by the statute; the material allegations of the petition being as. follows: “Your petitioner was surprised to learn that, at the last term of said circuit court, a judgment was rendered against him, in favor of Ryan & Martin. Your petitioner avers, that he had, as he believed, a good defense to said action, and had employed counsel…

1Opinion of the CourtRice, C. J.

— After the adjournment of the term of the circuit court at which it has rendered the final judgment in a cause, the right to applyjjto it fora re-hearing, or new trial, did not exist before the Code went into effect. By section 2408 of the Code, that right was given, not to defendants generally, but to those only who had been prevented from making their defense by surprise, accident, mistake, or fraud, without fault on their fart. — Pratt v. Keils, 28 Ala. R. 390.

The statute which gives the right, prescribes four months from the rendition of the judgment as the time, and a petition to a…

2Cases cited1 opinion

  1. Yancey v. DownerCourt of Appeals of Kentucky · 1824

3Cited by20 opinions

  1. Ex parte WalkerSupreme Court of Alabama · 1875
  2. National Fertilize Co. v. HinsonSupreme Court of Alabama · 1893
  3. Ex parte NorthSupreme Court of Alabama · 1873
  4. Little v. PeevySupreme Court of Alabama · 1939
  5. Brock v. South & North. Ala. R. R.Supreme Court of Alabama · 1880

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