Waddill v. Weaver
Supreme Court of Alabama
APPEAL from Circuit Court of Dallas. Tried before Hon. M. J. SAFFOLD. This was a petition for a rehearing under § 2814 of the Revised Code, filed by J. Cooper Waddill, as executor of William Waddill, on the 7th day of February, 1872, praying a supersedeas of a judgment rendered against him on the 9th day of December, 1871. It appears from the petition, amended petition, and exhibits that the administrators of P. J. Weaver, commenced suit on the 31st of October, 1867, against…
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APPEAL from Circuit Court of Dallas. Tried before Hon. M. J. SAFFOLD. This was a petition for a rehearing under § 2814 of the Revised Code, filed by J. Cooper Waddill, as executor of William Waddill, on the 7th day of February, 1872, praying a supersedeas of a judgment rendered against him on the 9th day of December, 1871. It appears from the petition, amended petition, and exhibits that the administrators of P. J. Weaver, commenced suit on the 31st of October, 1867, against William Waddill, in the city court of Selma, on a promissory note made by him and others, payable on the 14th day of…
1Opinion of the CourtBrickell, C. J.
The purpose of the statute (R. C. § 2814) authorizing the grant of rehearings in courts of law, after the close of the term, at which judgment was rendered, when a defendant has been prevented from making his defence by surprise, accident, mistake, or fraud, without fault on his part, was to furnish at law a less expensive and more summary remedy than that afforded by resort to a court of equity for relief. The case for which the statute provides is the case in which a court of equity intervenes. After judgment at law, a defendant having a meritorious defence available at law, which without…
2Cases cited4 opinions
- Stinnett v. Branch of the Bank of the StateSupreme Court of Alabama · 1846
- Taliaferro's Adm'r v. Branch BankSupreme Court of Alabama · 1853
- M'Grew v. Tombeckbee BankSupreme Court of Alabama · 1837
- Lee v. Insurance Bank of ColumbusSupreme Court of Alabama · 1841
3Cited by3 opinions
- National Fertilize Co. v. HinsonSupreme Court of Alabama · 1893
- Long v. JonesSupreme Court of Alabama · 1898
- Williams v. TylerAlabama Court of Appeals · 1916