Renfro Bros. v. Merryman & Co.
Supreme Court of Alabama
Appeal from-Tallapoosa Circuit Court. Tried before Hon. James E. Cobb. This was an application for a rehearing under the statute by Renfro Bros., the appellants, and the facts disclosed by the record are as follows: John Merryman & Co., the appellees, having recovered judgment in the Circuit Court of said county against John Chisholm, caused an execution to be issued thereon returnable to the fall term, 1880, of said court.
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Appeal from-Tallapoosa Circuit Court. Tried before Hon. James E. Cobb. This was an application for a rehearing under the statute by Renfro Bros., the appellants, and the facts disclosed by the record are as follows: John Merryman & Co., the appellees, having recovered judgment in the Circuit Court of said county against John Chisholm, caused an execution to be issued thereon returnable to the fall term, 1880, of said court. The sheriff of said county having levied this execution on certain personal property, the appellants claimed the property, filing with the sheriff the statutory affidavit…
1Opinion of the Court
BRICEELL, O. J.
A defendant prevented from making his defense, or a plaintiff from supporting his cause of action, by surprise, accident, mistake or fraud, without fault on his part, against whom a judgment is rendered in a court of law, may, within four months thereafter, obtain a rehearing upon a proper application. — Code of 1876, §§ 3161-71. The statute is intended to provide in the court rendering the judgment a less expensive and more speedy remedy than is afforded by a resort to a court of equity in such cases. The class of cases in which the statute authorizes the court of law to…
2Cases cited2 opinions
- Speed v. CockeSupreme Court of Alabama · 1876
- Womack v. BookmanSupreme Court of Alabama · 1859
3Cited by14 opinions
- Hendley v. ChabertSupreme Court of Alabama · 1914
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
- Alabama Chemical Co. v. HallSupreme Court of Alabama · 1926
- Williams v. TylerAlabama Court of Appeals · 1916
- Anderson v. AndersonSupreme Court of Alabama · 1948
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