Montevallo Coal Mining Co. v. Reynolds
Supreme Court of Alabama
The appellee, in this cause, moves to dismiss the appeal, because, since said appeal was taken and while the same was pending in this court, the court below, on motion of the appellant, set aside the final judgment appealed from and granted a new trial in the cause, and because there is now no final judgment from which to appeal. The appellant resists this motion and submits a counter motion for an alias certíorari, &o. The facts of the case will be found in the opinion.
1Opinion of the CourtPetees, J.
At the last term of this court, the appellee in this suit obtained a certiorari to the city court of Montgomery, in which this cause was tried and determined, to bring up a more perfect record of the proceedings in the court below. . This writ was returned to the present term of this court, and the clerk of the city court sent up with it, as a more complete record of the transcript of the record of certain proceedings arising on a certain motion, made in said city court at the October term thereof in 1869, by the appellant in this suit, to vacate and set aside the judgment rendered in this…
2Cases cited13 opinions
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Deslonde & James v. Darrington's HeirsSupreme Court of Alabama · 1856
- Cunningham v. FontaineSupreme Court of Alabama · 1854
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- Hudson v. HudsonSupreme Court of Alabama · 1852
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3Cited by9 opinions
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- Gibson v. EdwardsSupreme Court of Alabama · 1944
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