Van Dyke v. State
Supreme Court of Alabama
MOTION to strike the cause from the docket. The facts upon which this motion is predicated, may be thus stated. On the 4th day of August, 1852, a day of the regular June term of the Supreme Court, an opinion was delivered in this case, affirming the judgment of the Circuit Court of Tuska-loosa count)r.
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MOTION to strike the cause from the docket. The facts upon which this motion is predicated, may be thus stated. On the 4th day of August, 1852, a day of the regular June term of the Supreme Court, an opinion was delivered in this case, affirming the judgment of the Circuit Court of Tuska-loosa count)r. On the 5th day of August, before the adjournment of said term of the court, the following order was made ■for an adjourned term to be held in December, viz: “ And now the court being about to adjourn, and it appearing that there are undisposed of many cases on the North Eastern Division: It is…
1Per curiam
Motion is made in this case to repudiate the *59jurisdiction of this court, and to strike the cause from tbe docket, upon tbe ground that, after a final judgment, and after, as it is alleged, tbe court had adjourned its regular term, tbe power of tbe court over tbe cause ceased, and that tbe subsequent order of tbe court for a rehearing, made at tbe adjourned term, commencing on the first Monday in December last, was void, and that the rehearing then granted should be treated as a nullity.
This is a very important question, not only in its bearing upon other cases, but as involving tbe power of…
2Cited by19 opinions
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- Whatley v. StateSupreme Court of Alabama · 1906
- Buchanan v. ThomasonSupreme Court of Alabama · 1881
- Keith v. StateSupreme Court of Alabama · 1890
- Wyatt v. StateAlabama Court of Appeals · 1951
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