Todd v. Moore
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Henry J. Martin as Guardian, etc., for Forney Todd and another, against Maggie Moore, to review a former decree because of error apparent and newly discovered evidence. From a decree sustaining demurrers to the bill, complainants appeal. The following authorities are relied on to show that the court was in error in sustaining demurrers to the bill. 136 Ala. 354, 34 South. 905, 96 Am.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Henry J. Martin as Guardian, etc., for Forney Todd and another, against Maggie Moore, to review a former decree because of error apparent and newly discovered evidence. From a decree sustaining demurrers to the bill, complainants appeal. The following authorities are relied on to show that the court was in error in sustaining demurrers to the bill. 136 Ala. 354, 34 South. 905, 96 Am. St. Rep. 26; 21 South. 490; 154 Ala. 346; 45 South. 715; 97 Ala. 458, 12 South. 48; 79 Ala. 319; 69 Ala. 65; 39 Ala. 428 ; 10 Ala. 667.…
1Opinion of the CourtGardner, J.
The appellants, by their duly appointed guardian, W. J. Martin, filed the bill in this cause, seeking a revie'w of the'decree of the chancery court of Jefferson county, entered November 13, 1912, rendered in a cause concerning the same real estate, the subject-matter of this litigation, and against the same parties respondent. This bill of review seeks to have the former decree set aside for error apparent upon the record, and as amended also for newly discovered evidence..
[1] As to that feature relating to newly discovered evidence, it appears from the bill that one Walter Moore testified in…
2Cases cited6 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- Ricker v. PowellSupreme Court of the United States · 1879
- Phillips v. TowlesSupreme Court of Alabama · 1882
- Shannon v. MowerSupreme Court of Alabama · 1914
- Evans v. ParrottSupreme Court of Arkansas · 1871
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3Cited by13 opinions
- Burgess v. NailCourt of Appeals for the Tenth Circuit · 1939
- Willis v. BuchmanSupreme Court of Alabama · 1940
- McWilliams v. McWilliamsSupreme Court of Alabama · 1927
- Singleton v. Knott, as TreasurerSupreme Court of Florida · 1931
- Stehli, Et Vir v. Thompson Thompson v. Stehli, Etc.Supreme Court of Florida · 1942
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