Dillard v. Savage
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before tbe Hon. W. E. Clabee. Maria L. Savage brought an action of ejectment in the Circuit Court of Mobile to recover of C. E. Dillard the possession of a house and lot in the City of Mobile. There was a trial of the case, and judgment for the defendant. Upon motion of the plaintiff, the presiding judge set aside the verdict, and ordered a new trial. Erom this order this appeal was taken.
1Opinion of the CourtStone, C. J.
The present case is one in which a new trial was granted. By rules of practice adopted and prevailing in the Circuit Court of Mobile county, Mondays are set apart as motion days; and when the motion is for a new trial, “at least one entire day’s notice shall be given to the opposite party, or his attorney.” The motion was set for Monday, June 6, 1892, and the notice of the motion was served on counsel Saturday, June 4. The motion was heard and granted on Monday, defendants’ counsel not appearing. It is claimed that as the intervening day was Sunday — dies non juridicus- — there was a failure…
2Cases cited3 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- White v. BlairSupreme Court of Alabama · 1891
- Robertson v. StateSupreme Court of Alabama · 1869
3Cited by14 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
- Karter v. PeckSupreme Court of Alabama · 1898
- Alabama Midland Railway Co. v. BrownSupreme Court of Alabama · 1900
- Birmingham Ry. L. & P. Co. v. DennisonSupreme Court of Alabama · 1909
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