Tankersly v. Pettis
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before H. A. Herbert, Esq., as special chancellor. The opinion states the case. When this bill of review is scanned, it will be seen that no error on the face of the decree is alleged. It is therefore clear that this bill is devoid of equity. The only errors alleged or complained of, are as to the effect of the evidence and the law arising thereon, in the original suit.
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Appeal from Montgomery Chancery Court. Heard before H. A. Herbert, Esq., as special chancellor. The opinion states the case. When this bill of review is scanned, it will be seen that no error on the face of the decree is alleged. It is therefore clear that this bill is devoid of equity. The only errors alleged or complained of, are as to the effect of the evidence and the law arising thereon, in the original suit. You can not look to the testimony in the original suit, for error under a bill of review. For such errors, appeal is the only remedy. — Mc-Dougcdd v. Dougherty, 39 Ala. 409, and…
1Opinion of the CourtStone, J.
The present case is a bill of review, filed to review and reverse a final decree rendered between the same parties, and to obtain the relief prayed in the original bill, on the alleged ground of error apparent. There was a demurrer filed to the bill of review, which the special chancellor overruled, and then granted the relief prayed for. The chief inquiry is, do the pleadings make a case of error apparent, under the rule settled in this State. To maintain a bill of review, there must be an error in point of law; that is, an erroneous result drawn by the court from the facts apparent on the…
2Cases cited5 opinions
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Hays v. CockrellSupreme Court of Alabama · 1867
- Carswell v. SpencerSupreme Court of Alabama · 1870
- Lee v. HunterNew York Court of Chancery · 1829
- Noble & Brother v. HallonquistSupreme Court of Alabama · 1875
3Cited by15 opinions
- McCall v. McCurdySupreme Court of Alabama · 1881
- Jones v. HendersonSupreme Court of Alabama · 1934
- Cleere v. CleereSupreme Court of Alabama · 1886
- Vincent v. MartinSupreme Court of Alabama · 1885
- Vary v. ThompsonSupreme Court of Alabama · 1910
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