Ex parte North
Supreme Court of Alabama
Application for a mandamus to the Circuit Court of Marengo (Hon. L. R. Smith presiding), to compel that court “ to set aside and vacate the order made on the 3d day of the special Fall Term in December, 1872, allowing tbe petition of R. A. Morgan, for a rehearing and supersedeas, to be amended as asked for; and also the order overruling the motion of this petitioner, Mrs. Anna North, to dismiss said Morgan’s motion to amend; and also tbe order granting a rebearing in the…
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Application for a mandamus to the Circuit Court of Marengo (Hon. L. R. Smith presiding), to compel that court “ to set aside and vacate the order made on the 3d day of the special Fall Term in December, 1872, allowing tbe petition of R. A. Morgan, for a rehearing and supersedeas, to be amended as asked for; and also the order overruling the motion of this petitioner, Mrs. Anna North, to dismiss said Morgan’s motion to amend; and also tbe order granting a rebearing in the said suit, wherein the said Anna North was plaintiff, and tbe said R. A. Morgan was defendant.” All the facts of tbe case,…
1Opinion of the CourtPeters, C. J.
— Tbe grounds of this application seem to be sucb as to divide the remedy into two branches : first, as to tbe order allowing tbe amendment of the petition for rehearing, after appeal and reversal in tbe suit on the petition ; and, second, as to tbe order granting tbe rehearing.
The facts shown by the record, which are uncontradicted, are these : Morgan filed his petition for a rehearing under the law of the Code, within the time allowed by that statute. Rev. Code, §§ 2814, 2815. This was properly served on Mrs. North, *386and she appeared in the court below, and answered the petition by demurrer.…
2Cases cited9 opinions
- White v. RyanSupreme Court of Alabama · 1858
- Pratt v. KeilsSupreme Court of Alabama · 1856
- Shields v. BurnsSupreme Court of Alabama · 1858
- Dothard v. TeagueSupreme Court of Alabama · 1867
- Callahan v. LottSupreme Court of Alabama · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Woodard v. StateAlabama Court of Appeals · 1965
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Williams v. TylerAlabama Court of Appeals · 1916
- Ex parte WalkerSupreme Court of Alabama · 1875
- Brazel v. New South Coal Co.Supreme Court of Alabama · 1901
13 more not listed; retrieve them via the Exa API.