Ex parte Payne
Supreme Court of Alabama
This was an application for' mandamus, originally filed in this court, asking for a rule nisi to be issued to the judge of the Tenth Judicial Circuit, to appear and show cause why the peremptory writ of mandamus should not issue to ‘him as such judge, commanding him to vacate the order made by him in which he granted a motion to set aside the .judgment by default. The rule nisi was granted, and the judge filed his answer in response thereto.
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This was an application for' mandamus, originally filed in this court, asking for a rule nisi to be issued to the judge of the Tenth Judicial Circuit, to appear and show cause why the peremptory writ of mandamus should not issue to ‘him as such judge, commanding him to vacate the order made by him in which he granted a motion to set aside the .judgment by default. The rule nisi was granted, and the judge filed his answer in response thereto. The other facts of the ease are sufficiently stated in the opinion. The fact that a motion to set aside a judgment by default was not accompanied by an…
1Opinion of the CourtSharpe, J.
Respecting judgments by 'default obtained in the Jefferson circuit court, section 1 of the act regulating practice in that court (Acts, 1888-89, p. 799) provides “that the court may for good cause shown allow such judgments so obtained by default to be set aside and demurrer or pleas to be filed on such terms as the court may think just; but no application to set aside such judgment, unless it be for some reversible error committed in the rendition thereof, shall be entertained by the court unless accompanied by 'an affidavit made by the defendant or his agent or attorney to effect, that in…
2Cases cited2 opinions
- Ex parte Highland Avenue & Belt RailroadSupreme Court of Alabama · 1894
- Hundley v. YongeSupreme Court of Alabama · 1881
3Cited by11 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Robertson v. StateAlabama Court of Appeals · 1924
- Ex parte DoakSupreme Court of Alabama · 1914
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906
- Ex parte SmithSupreme Court of Alabama · 1910
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