Brazel v. New South Coal Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was a statutory action of ejectment, brought by the appellant, W. T. Brazel, against the New South Coal Company, to recover the coal and mineral interest in certain lands specifically described in the complaint. Upon the trial of the cause the jury returned a verdict in favor of the plaintiff.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This was a statutory action of ejectment, brought by the appellant, W. T. Brazel, against the New South Coal Company, to recover the coal and mineral interest in certain lands specifically described in the complaint. Upon the trial of the cause the jury returned a verdict in favor of the plaintiff. After the return of the verdict, but before judgment, the defendant made a motion in arrest of judgment, upon the ground that the verdict of the jury was too indefinite to support a judgment, and the description of the…
1Opinion of the CourtTyson, J.
This is an appeal prosecuted from a judgment granting a motion in arrest of judgment. Section 434 of the Code provides for appeals whenever a motion for a new trial shall be granted or refused by any circuit or city court. Motions in arrest of judgment do not come within its provisions and the right of appeal in this case must find its support outside of this statute.
*418The effect of the granting of the motion was to restore the cause to the docket for such further proceedings, as the parties litigant may see proper to take. After this motion was granted, all pleadings may be amended and a new…
2Cases cited5 opinions
- Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
- Ex parte NorthSupreme Court of Alabama · 1873
- Heflin v. Rock Mills Manufacturing & Lumber Co.Supreme Court of Alabama · 1877
- Chastain & Lawrence v. ArmstrongSupreme Court of Alabama · 1887
- O'Neal v. KellySupreme Court of Alabama · 1882
3Cited by19 opinions
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Ex Parte GaySupreme Court of Alabama · 1924
- Ex parte ParkerSupreme Court of Alabama · 1911
- Ex Parte HaistenSupreme Court of Alabama · 1933
- Eminent Household of Columbian Woodmen v. LockerdSupreme Court of Alabama · 1918
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