Lockhart v. Wyatt
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. R. W. Cobb, as special judge, appointed under the provisions of section 758 Revised . Code) in consequence of the incompetency of the Hon. John Moobe to preside.
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Appeal from the Circuit Court of Perry. Tried before the Hon. R. W. Cobb, as special judge, appointed under the provisions of section 758 Revised . Code) in consequence of the incompetency of the Hon. John Moobe to preside. This was an application on behalf of the appellant for a new trial, and was made at the fall term, 1867, of the circuit court of Perry, under the acts of the legislature,’ 11th February, 1867, and 18th February, 1867. — Pamphlet Acts, 392, 568 ; Rev. Code, § 2827. Wyatt, the appellee^ instituted suit against the appellant, in said circuit court, on the 4th April, 1861, and…
1Opinion of the CourtByrd, J.
The appeal in this case must be dismissed upon the authority of the case of Ketchum & Wife v. Dennis & Wife, in manuscript, filed at the June term, 1867.
The language of the ordinance and the acts of 1867, (Pamphlet Acts, 892, 568) is almost identical. So nearly, that we can make no. distinction as to the right of an appeal from the ruling of the court below, upon an application for a new trial.
Let the appeal be dismissed at the cost of appellant.
2Cited by2 opinions
- Ex parte NorthSupreme Court of Alabama · 1873
- Carroll v. VaughanSupreme Court of Alabama · 1872