McLendon v. Darden & Co.
Supreme Court of Alabama
Appeal from Circuit Court of Chambers. Tried before Hon. Littleberry Strange. At the spring term, 1868, of the circuit court, McLendon, the appellant, recovered judgment against the appellees, Darden & Co., for three hundred and thirty-seven dollars and eighty cents and costs.
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Appeal from Circuit Court of Chambers. Tried before Hon. Littleberry Strange. At the spring term, 1868, of the circuit court, McLendon, the appellant, recovered judgment against the appellees, Darden & Co., for three hundred and thirty-seven dollars and eighty cents and costs. Execution, on this judgment, havihg been levied on property of appellees, they, on the 13th of February, 1869, addressed a petition to the presiding judge (Hon. Littleberry Strange) praying an order to the sheriff to desist from all further proceedings under the execution; that the judgment rendered be set aside, and a…
1Opinion of the CourtBrickell, C. J.
The proceeding in the circuit court by which, a new trial was obtained, does not in any respect conform to, and can derive no support from the statutes, (E. C. §§ 2812-17). Nor are we aware of any statute under which it can be supported. After service of process, an appearance, a trial by °a jury, a verdict and judgment, upon a ground of defence to the suit, available before judgment, ■without an allegation of fraud, accident, mistake or surprise; indeed, without any excuse for not defending against the judgment, the circuit judge in vacation, near twelve months ;after judgment, entertains an…
2Cases cited6 opinions
- Hair v. MoodySupreme Court of Alabama · 1846
- Byrd v. McDanielSupreme Court of Alabama · 1855
- Steamboat Empire v. Ala. Coal Mining Co.Supreme Court of Alabama · 1857
- Callahan v. LottSupreme Court of Alabama · 1868
- Ketchum v. DennisSupreme Court of Alabama · 1867
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