Allington v. Tucker
Supreme Court of Alabama
Appeal froih the Circuit Court of Lauderdale. Tried before the Hon. Wk. S. Mull. The appellee in this case obtained a judgment against -the appellant, on the 16th April, 1857, for $33 50. The judgment was jftunded on a note for $80, which was given Bfor the price of a horse ; and was rendered on the verdict * of a jury.
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Appeal froih the Circuit Court of Lauderdale. Tried before the Hon. Wk. S. Mull. The appellee in this case obtained a judgment against -the appellant, on the 16th April, 1857, for $33 50. The judgment was jftunded on a note for $80, which was given Bfor the price of a horse ; and was rendered on the verdict * of a jury. On the 21st July, 1857, the appellant filed his petition for prehearing in the case, alleging the following facts as grounds of relief : “The court instructed the jury, on the trial, that although they might believe there had been a breach of the warranty, and that the horse…
1Opinion of the CourtStone, J.
The averments of the petfljon in this case Jo not make out a case of surprise, accident, mistake, or fraud, without fault on the part of the petitioner, for which section 2408 of the Code makes provision. ^ No surprise or fraud is alleged; and the only accident or mistake asserted is, that the petitioner had entirely forgotten at the trial that, before suit brought, he had, through his attorneys, tendered $20, which was refused; and that an important witness ofhis “ moved and travelled about a great deal before said trial, and it was exceedingly difficult to ascertain his whereabouts, so as…
2Cases cited2 opinions
- White v. RyanSupreme Court of Alabama · 1858
- Elliott v. CookSupreme Court of Alabama · 1859
3Cited by3 opinions
- Traub v. FabianSupreme Court of Alabama · 1909
- Lawson v. MooreSupreme Court of Alabama · 1871
- Bowden v. PerdueSupreme Court of Alabama · 1877