Legal Opinion

Money v. Galloway

Supreme Court of Alabama

Decided May 12, 1938No. 4 Div. 27PublishedCited by 15 opinions

1Opinion of the Court

BOULDIN, Justice.

A motion to amend a bill in equity by bringing in a new and necessary party respondent, presented after a final' decree entered upon a submission for final decree upon pleadings and agreed - statement of facts, necessarily calls for setting aside the decree, and reopening of the case as a pending cause.

Such a motion, -if deemed sufficient, must be treated as' an application for rehearing in equity.

While section 6670 of.' the Code, fixing thirty days, as the period within which the judgment or decree is under the control of the court, applies tó a decree in equity, a motion…

2Cases cited3 opinions

  1. Ex Parte UpchurchSupreme Court of Alabama · 1927
  2. Simpson v. James R. Crowe Post No. 27, American LegionSupreme Court of Alabama · 1935
  3. Ex Parte Lineville Nat. BankSupreme Court of Alabama · 1928

3Cited by15 opinions

  1. Wheeler v. BullingtonSupreme Court of Alabama · 1956
  2. Scott v. ScottSupreme Court of Alabama · 1945
  3. Wood v. City of BirminghamSupreme Court of Alabama · 1945
  4. Valenzuela v. SellersSupreme Court of Alabama · 1949
  5. Gavin v. HughesSupreme Court of Alabama · 1947

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API