Ex parte Gresham
Supreme Court of Alabama
Application by S. Gresham, by petition, for a writ of mandamus from this court to the Chancery Court at Montgomery, Hon. Jno. A. Foster presiding, requiring him to set aside and vacate an order or decree rendered in a cause pending in said court, wherein Mrs. A. A. Ware was the complainant, and said Gresham and others were defendants ; which decretal order granted a rehearing of a decree rendered in said cause by consent, in vacation.
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Application by S. Gresham, by petition, for a writ of mandamus from this court to the Chancery Court at Montgomery, Hon. Jno. A. Foster presiding, requiring him to set aside and vacate an order or decree rendered in a cause pending in said court, wherein Mrs. A. A. Ware was the complainant, and said Gresham and others were defendants ; which decretal order granted a rehearing of a decree rendered in said cause by consent, in vacation. The bill was filed by Mrs. Ware in February, 1882, and sought, principally, to redeem a house and lot in the city of Montgomery, which she had mortgaged to said…
1Opinion of the Court
CLOPTON, J.—
This is an application for a mandamus to compel the chancellor to set aside an order, granting a rehearing of a consent decree rendered in vacation, in a cause pending in the Chancery Court for Montgomery county, and which' was granted on affidavits filed.
Rule 80 of Chancery Practice, after providing that, when a cause is submitted in term time-for a decree, such'decree shall be valid if rendered during vacation, and for the entry of the decree on the minute-book, and its enrollment, provides further : “When the decree is rendered in vacation, either party may apply for a…
2Cases cited2 opinions
- Lyon v. BollingSupreme Court of Alabama · 1848
- Haight v. DayNew York Court of Chancery · 1814
3Cited by21 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Mudd v. LanierSupreme Court of Alabama · 1945
- Hale v. KinnairdSupreme Court of Alabama · 1917
- Cox v. BrownSupreme Court of Alabama · 1916
- Ex Parte UpchurchSupreme Court of Alabama · 1927
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