McLeod v. Shelly Manufacturing & Improvement Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before'Hon. E. W. Cobb, special judge. 16 Am. & Eng. Encyp. of law, 655; Barrett v. Dodge, 27 Am. St. Rep. 777 ; Thompson on trials, vol. 2, § 2762; Jones v. State, 104 Ala. 30 ; as to absence of counsel: 16' Am. & Eng.
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Appeal from the Circuit Court of Shelby. Tried before'Hon. E. W. Cobb, special judge. 16 Am. & Eng. Encyp. of law, 655; Barrett v. Dodge, 27 Am. St. Rep. 777 ; Thompson on trials, vol. 2, § 2762; Jones v. State, 104 Ala. 30 ; as to absence of counsel: 16' Am. & Eng. Encyp. of Law, 53.86 ; 31 Ala. 400; lb. 53.5,. 65 Ala. 79. See also as to principles inyolved in this case: 66 Ala. 538; 60 Ala. 267; 5.9 Ala. 409; 54 Ala. 5.77; 50 Ala. 9 ; 49 Ala. 38.5"; 40 Ala. 583; 31 -Ala..400 ; Tb. 585. Absence óf Counsel ;.-^-First National Bank of Storm Lake v. Harwich, 37 N. W. Rep. 171; Chesapeake & Ohio…
1Opinion of the Court
MóCLELLAN, J.
This is an apnealfrom a judgment of the circuit court granting a-new trial. The motion .therefor', was made on the following grounds: “1. Newly discovered testimony. 2. The defendant had a meritoiious defen.se to said cause of action, but was prevented from asserting the same by the unavoidable absence of its counsel. 3. The defendant’s counsel, who had charge of the case and who alone understood the facts, was unavoidably detained from the court at the time said cause was tried, and defendant had a meritorious defense.”
The only evidence adduced is support of the first ground was…
2Cases cited2 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Hoskins v. HightSupreme Court of Alabama · 1891
3Cited by34 opinions
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Ex parte DoakSupreme Court of Alabama · 1914
- McCants v. ThompsonSupreme Court of Oklahoma · 1911
- Simpson v. GoldenSupreme Court of Alabama · 1896
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