Ex parte Jones
Supreme Court of Alabama
Application for a mandamus to the Circuit Court of Montgomery, Hon. S. D. Hale presiding, to compel that court to reinstate on the trial docket a certain cause, wherein one E. M. Lawrence was plaintiff, aud Seaborn Jones (the petitioner) and others were defendants.
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Application for a mandamus to the Circuit Court of Montgomery, Hon. S. D. Hale presiding, to compel that court to reinstate on the trial docket a certain cause, wherein one E. M. Lawrence was plaintiff, aud Seaborn Jones (the petitioner) and others were defendants. The transcript accompanying the petition showed, that at the June term of said circuit court, 1859, a judgment on verdict was rendered for the plaintiff in said cause; aud that on a subsequent day of the same term, on the defendants’ motion for a new trial, an order was made in the following words: “Came the parties, by their…
1Opinion of the CourtR. W. Walker, J.
In Ex parte Lowe, (20 Ala. 880,) there was an order that “ a new trial be granted the defendant, on the payment of all the costs of suit.” This court held, that this was the grant of a new trial, upon condition that the defendant pay all the costs; that the time for the payment of the costs not being specified, they were to be paid within a convenient or reasonable time; and that a payment on the first day of the next succeeding term after the order was made, was, according *708to the previous decisions of the court, a payment within a reasonable time, and had the effect of placing the cause on…
2Cases cited5 opinions
- Reese v. BillingSupreme Court of Alabama · 1846
- Edwards v. LewisSupreme Court of Alabama · 1850
- Ex parte BeaversSupreme Court of Alabama · 1859
- Willis & Co. v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1851
- Screws v. UpshawSupreme Court of Alabama · 1859
3Cited by2 opinions
- Hundley v. YongeSupreme Court of Alabama · 1881
- Ex parte DillardSupreme Court of Alabama · 1881