Lewis v. Wood
Supreme Court of Alabama
Appeal from the Circuit Court of Bussell. Tried before Hon. Bobebt Doughertí. This was an action on a promissory note, brought by Wood (the appellee) against Lewis. At the spring term, 1867, Lewis made an application for a continuance, which was granted him, on condition of “payment of the cost and fifty dollars attorney’s fees for the plaintiff, which terms the defendant accepts.”
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Appeal from the Circuit Court of Bussell. Tried before Hon. Bobebt Doughertí. This was an action on a promissory note, brought by Wood (the appellee) against Lewis. At the spring term, 1867, Lewis made an application for a continuance, which was granted him, on condition of “payment of the cost and fifty dollars attorney’s fees for the plaintiff, which terms the defendant accepts.” There was a judgment entered accordingly, against the defendant, “for the costs of this suit and fifty dollars attorney’s fees for the plaintiff.” At the fall term, 1867, the defendant again made application for a…
1Opinion of the CourtByrd, J.
1. Two questions are raised by the assignments of error. 1st. Whether the court “ erred in imposing the plaintiff’s attorney’s fee on the defendant, as a condition of continuance on the first call for trial; ” and 2d, “in refusing (at a subsequent term of the court) to hear an application for continuance until the previous order had been complied with.”
The question of the authority of the court to enter a judgment' against the defendant below for the attorney’s fee, is not raised by any assignment of error.
The court might have the authority to impose terms for a continuance when it had none…
2Cases cited7 opinions
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- Gowen v. JonesSupreme Court of Alabama · 1852
- Jewell v. CenterSupreme Court of Alabama · 1854
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- Porter v. WilliamsSupreme Court of Alabama · 1853
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3Cited by2 opinions
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