Wood v. Finney
Supreme Court of Alabama
Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Action by William B. Wood against D. Carson Finney, brought originally to the law docket, and on motion of the defendant carried to the equity docket, because the accounts were mutual, complicated, and of an equitable nature. Final decree was rendered, which on motion of the respondent was later set aside, and from the decretal order setting aside the final' decree the complainant appeals.
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Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Action by William B. Wood against D. Carson Finney, brought originally to the law docket, and on motion of the defendant carried to the equity docket, because the accounts were mutual, complicated, and of an equitable nature. Final decree was rendered, which on motion of the respondent was later set aside, and from the decretal order setting aside the final' decree the complainant appeals. After the lapse of 30 days from the rendition of the final decree the court loses all power over it, and the only remedy is by bill of…
1Opinion of the CourtGardner, J.
In a cause on the equity docket of the circuit court of Madison county, wherein appellant was complainant and appellee respondent, a final decree in favor of the complainant was rendered on July 28, 1921. On September 24th thereafter the respondent filed his petition to have said decree set aside upon numerous grounds at this time unnecessary to consider, and on October 6th the court, being of the opinion the final decree was improvidently rendered, entered an order granting the respondent’s motion and vacating and setting aside said decree reinstating the cause on the docket. From this…
2Cases cited4 opinions
- Ex parte JonasSupreme Court of Alabama · 1914
- Wise v. SpearsSupreme Court of Alabama · 1917
- Coker v. FountainSupreme Court of Alabama · 1917
- Long v. Winona Coal Co.Supreme Court of Alabama · 1921
3Cited by10 opinions
- Taylor v. Major Finance Company, Inc.Supreme Court of Alabama · 1972
- Fisher v. BushSupreme Court of Alabama · 1979
- Vacalis v. LowrySupreme Court of Alabama · 1966
- Carter v. HutchensSupreme Court of Alabama · 1930
- Preddy v. Herren Sales Co.Supreme Court of Alabama · 1926
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