New England Mortgage Security Co. v. Davis
Supreme Court of Alabama
Appeal from the Chancery Court of Autauga. Heard before the 1-Ion. J. R. Dowdell. The facts of the case are sufficiently stated in the opinion. — The chancery court, after the adjournment of the term at which a decree of dismissal for want of prosecution (not being upon the merits), has the power to set aside such decree and re-instate the cause upon .timely application. — Trev-illian v. Knight, L. R. 1 H. L. 30; Millspaugh v. McBride, 7 Paige Ch. Rep. 509; Day v. A llaire,…
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Appeal from the Chancery Court of Autauga. Heard before the 1-Ion. J. R. Dowdell. The facts of the case are sufficiently stated in the opinion. — The chancery court, after the adjournment of the term at which a decree of dismissal for want of prosecution (not being upon the merits), has the power to set aside such decree and re-instate the cause upon .timely application. — Trev-illian v. Knight, L. R. 1 H. L. 30; Millspaugh v. McBride, 7 Paige Ch. Rep. 509; Day v. A llaire, 31 N. J. Eq. 315; Tripp v. Vincent, 8 Paige 180; 5 Amer. & Eng. Encyc. of Law, 387; 1 Black on Judgments, § 305. — The…
1Opinion of the CourtTyson,j.
— On the 10th day of September, 1896, at a regular term of the chancery court of Autauga county, the complainant failing to attend and prosecute its suit, on motion of the respondents the chancellor dismissed complainant’s bill for Avant of prosecution. On the 7th day of September, .1897, one year thereafter, at another regular term of said court, the complainant, appellant here, filed a petition seeking to have the decree of dismissal of September 10th, 1896, set aside and the cause re-instated on the docket. The chancellor denied the petition, stating in his decree refusing the petition,…
2Cases cited2 opinions
- Byrd v. McDanielSupreme Court of Alabama · 1855
- Ex parte GistSupreme Court of Alabama · 1898
3Cited by3 opinions
- Fife v. Pioneer Lumber Co.Supreme Court of Alabama · 1939
- Faircloth v. CarrollSupreme Court of Alabama · 1902
- Crutchfield v. VogelSupreme Court of Alabama · 1937