Traub v. Fabian
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Henry Fabian-, sued'Jacob Traub and recovered, a judgment-by. default against bim. Tra,ub entered a motion for new trial based on tbe grounds set out in the opinion. From an order declining to set aside the judgment and granting the new trial, Traub appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Henry Fabian-, sued'Jacob Traub and recovered, a judgment-by. default against bim. Tra,ub entered a motion for new trial based on tbe grounds set out in the opinion. From an order declining to set aside the judgment and granting the new trial, Traub appeals. Counsel discuss the matters assigned as error and insist that the motion for new trial falls squarely within the terms of the statute authorizing rehearings on the ground of accident or mistake. The court granting the judgment urns the Birmingham City Court, and more…
1Opinion of the CourtSimpson, J.
This appeal is from a judgment of the court refusing to grant a rehearing, under section 5372 of the Code of 1907. The gravamen of the petition is that the petitioner is a foreigner not well versed in the English language; that P., of the law firm of P. & B., ■had in hand- several cases by one C. against petitioner in the “inferior court of Birmingham,” which had been attended to by P.; that petitioner, on being sued by Fabian (appellee) in the city court, went or sent to P.’s office, and, not finding him in, left the copy of the summons and complaint on his desk; but afterward, finding that.…
2Cases cited1 opinion
- Allington v. TuckerSupreme Court of Alabama · 1863
3Cited by5 opinions
- Williams v. TylerAlabama Court of Appeals · 1916
- Sheffield Oil Mill v. PoolSupreme Court of Alabama · 1910
- Fitts & Son v. BryanSupreme Court of Alabama · 1910
- In re BrinsonDistrict Court, S.D. Mississippi · 1919
- Morgan v. RobertsonSupreme Court of Alabama · 1949