Legal Opinion

Ex Parte Brickell

Supreme Court of Alabama

Decided June 26, 1920No. 6 Div. 16PublishedCited by 22 opinions

Certiorari to Court of Appeals. Petition by Bobert C. Brickell, as Judge of the Eighth Judicial Circuit, for certiorari to the Court of Appeals to review and revise the judgment and decision of said court rendered in the mandamus proceeding of W. A, Gunter v. Bobert C. Brickell, as Judge.

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Certiorari to Court of Appeals. Petition by Bobert C. Brickell, as Judge of the Eighth Judicial Circuit, for certiorari to the Court of Appeals to review and revise the judgment and decision of said court rendered in the mandamus proceeding of W. A, Gunter v. Bobert C. Brickell, as Judge. On an original petition for mandamus the Court of Appeals granted the writ, commanding the judge of the Eighth judicial circuit to supersede a judgment for costs rendered against him in the circuit court of Cullman county, and-to enter an order staying execution thereon, pending petitioner’s motion to vacate…

1Opinion of the Court

SOMEBYILLE, -J.

[1] When the record shows due service of process or notice, and the judgment rendered is not void on its face, the court which rendered the judgment cannot, after the lapse of the term, either alter or vacate the judgment on the motion of either of the parties. The only remedy then available is a petition for rehearing under the provisions of the Code (sections 5371-5376), or by bill in chancery. This proposition is too.well settled to permit of further controversy. Pettus v. McClannahan; 52 Ala. 55; Buchanan v. Thomason, 70 Ala. 401; Kohn v. Haas, 95 Ala. 479, 12 South. 577;…

2Cases cited23 opinions

  1. Sweeney v. TritschSupreme Court of Alabama · 1907
  2. Dunklin v. WilsonSupreme Court of Alabama · 1879
  3. Pettus v. McClannahanSupreme Court of Alabama · 1875
  4. Hauser v. Foley & Co.Supreme Court of Alabama · 1914
  5. Buchanan v. ThomasonSupreme Court of Alabama · 1881

18 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Howard v. RidgewaySupreme Court of Alabama · 1932
  2. Alabama Chemical Co. v. HallSupreme Court of Alabama · 1926
  3. City of Birmingham v. ReedAlabama Court of Appeals · 1949
  4. Morris v. Corona Coal Co.Supreme Court of Alabama · 1926
  5. Kelley v. ChavisSupreme Court of Alabama · 1932

17 more not listed; retrieve them via the Exa API.

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