Barron v. Robinson
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before the Hon. John P. Hubbard. The petitioner, appellant here,- presented his petition to the Hon. Jno. P. Hubbard, judge of the 2nd Judicial Circuit, within four months after a judgment for $1,000, had been recovered against him, in the Pike county Circuit Court, at the suit of J. R. Robinson, and others, praying for a re-hearing, under § 2872 of the Code.
Read the full summary
Appeal from Pike Circuit Court. Tried before the Hon. John P. Hubbard. The petitioner, appellant here,- presented his petition to the Hon. Jno. P. Hubbard, judge of the 2nd Judicial Circuit, within four months after a judgment for $1,000, had been recovered against him, in the Pike county Circuit Court, at the suit of J. R. Robinson, and others, praying for a re-hearing, under § 2872 of the Code. The grounds for this application as disclosed are, that on the trial of the cause in which said judgment was rendered against him, the defendant was prevented from making his defense in this, that…
1Opinion of the CourtHaralson, J.
Our rulings have been uniform and consistent to the effect that “although the petition may show that the defendant was prevented from making his defense by surprise, accident, mistake or fraud, yet, if it shows nothing more, and fails to show that he was prevented without fault on his part, it discloses no right to obtain a rehearing under the Code, or under any other law.”—Ex parte Wallace, 60 Ala. 267. A concurrence of injustice committed, and freedom from fault on the part of defendant, is *354indispensable to relief.—Waldron v. Waldron, 76 Ala. 289. “In snob a proceeding tbe law is strict in…
2Cases cited2 opinions
- Ex parte WallaceSupreme Court of Alabama · 1877
- Martin v. HudsonSupreme Court of Alabama · 1875
3Cited by8 opinions
- Vernon v. StateSupreme Court of Alabama · 1940
- Ball v. StateSupreme Court of Alabama · 1949
- Simpson v. GoldenSupreme Court of Alabama · 1896
- Redus v. WilliamsSupreme Court of Alabama · 1943
- Turner Coal Co. v. GloverSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.