Ex Parte Gunter
Alabama Court of Appeals
Petition by W. A. Gunter for mandamus to be direded to Robert C. Brickell, as Judge of the Eighth judicial circuit, to permit the petitioner to supersede a judgment for costs rendered against him in Cullman circuit court and to enter an order staying execution thereon pending the hearing of petitioner’s motion to vacate and annul such judgment.
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Petition by W. A. Gunter for mandamus to be direded to Robert C. Brickell, as Judge of the Eighth judicial circuit, to permit the petitioner to supersede a judgment for costs rendered against him in Cullman circuit court and to enter an order staying execution thereon pending the hearing of petitioner’s motion to vacate and annul such judgment. A void judgment will not support an appeal. 41 Ala. 75. If the judgment is good on its face, you cannot reverse it on appeal, without a bill of exceptions. 20 Ala. 140. It cannot go into equity. Subdivision 1, § 3052, Code 1907. Tbe remedy, then, is…
1Opinion of the Court
A judgment was rendered in the circuit court of Cullman county, in a suit there pending, in favor of the plaintiffs, Gunter Gunter, and against the defendant, Ignatus Pollock, for the debt and costs. After adjournment of the court the defendant made a motion to retax the costs. The court made an order that notice of the motion be served on W.A. Gunter, one of the plaintiffs, who resided in Montgomery, Ala. The return of the sheriff of Montgomery county shows this notice to have been served on W.A. Gunter, but the allegations in the present petition, which under the state of the pleadings we…
2Cases cited11 opinions
- People v. GreeneCalifornia Supreme Court · 1887
- Sweeney v. TritschSupreme Court of Alabama · 1907
- Pettus v. McClannahanSupreme Court of Alabama · 1875
- Max J. Winkler Brokerage Co. v. CoursonSupreme Court of Alabama · 1909
- Louisville & N. R. Co. v. TallySupreme Court of Alabama · 1919
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Cooper v. WattsSupreme Court of Alabama · 1966