Ex parte Wallace
Supreme Court of Alabama
Application by petition, by 'William Wallace, for a writ of mojndamus to the Circuit Court of Maclison, Hon. L. Wxeth presiding, to compel that court to grant a rehearing, or new trial, in a certain cause therein lately pending, wherein one James Henry was plaintiff, and said petitioner was defendant. The material facts are stated in the opinion of the court.
1Opinion of the CourtManning, J.
Petition was presented, under section 2814, and those following, of the Revised Code, to the proper circuit judge, Hon L. Wyeth, for supersedeas of an execution, and a new trial, in a cause in which one Henry obtained a judgment against petitioner, Wallace, in the Circuit Court of Madison county ; and the prayer of the petitioner having been denied, this motion for a mandamus is made.
The petitioner alleged that he was sick at home, and unable to attend court, when the trial in the suit against him came on; and that the counsel who defended him were taken by surprise, without fault on their…
2Cases cited3 opinions
- French v. GarnerSupreme Court of Alabama · 1838
- Shields v. BurnsSupreme Court of Alabama · 1858
- Elliott v. CookSupreme Court of Alabama · 1859
3Cited by13 opinions
- Hendley v. ChabertSupreme Court of Alabama · 1914
- National Fertilize Co. v. HinsonSupreme Court of Alabama · 1893
- Barton v. Burton Mfg. Co.Supreme Court of Alabama · 1918
- Little v. PeevySupreme Court of Alabama · 1939
- Turner Coal Co. v. GloverSupreme Court of Alabama · 1893
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