Ingram v. Alabama Power Co.
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; Marion H. Sims, Judge. Mandamus by the Alabama Power Company against F. J. Ingram, as Judge, etc. From the final order in favor of applicant, the probate judge appeals. Appellee, on the 29th day of October, 1915, obtained in the probate court of Clay county an order-or decree of condemnation of a right of way across the lands of one J. M. Steverson.
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Appeal from Circuit Court, Clay County; Marion H. Sims, Judge. Mandamus by the Alabama Power Company against F. J. Ingram, as Judge, etc. From the final order in favor of applicant, the probate judge appeals. Appellee, on the 29th day of October, 1915, obtained in the probate court of Clay county an order-or decree of condemnation of a right of way across the lands of one J. M. Steverson. The proceedings of condemnation were regular on their face, and recited that notice of the proceedings and of the day | set for their hearing was by the sheriff duly served upon the owner of the land, J. M.…
1Opinion of the CourtMayfield, J.
[1] It has been definitely settled by this court that the proper and appropriate practice is to appeal from orders, judgments, or decrees which deny or refuse applications for rehearing made under the-four months statute, because such order or judgment is final, disposing of the application and the judgment sought to be set aside; but, if the application to set aside the judgment and grant a rehearing is erroneously made, the order is not final, because it does not dispose of the case, but restores it to the docket for a new trial. In such case there is no judgment to support an appeal, and…
2Cases cited22 opinions
- Evans v. WilhiteSupreme Court of Alabama · 1910
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Crafts v. DexterSupreme Court of Alabama · 1845
- Cromelin v. McCauleySupreme Court of Alabama · 1880
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1889
17 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Barrow v. LindseySupreme Court of Alabama · 1935
36 more not listed; retrieve them via the Exa API.