Ex parte James
Supreme Court of Alabama
This was a petition filed in this court by L. D. James, asking for a writ of mandamus, addressed to the judge of the city court of Birmingham, requiring him to set aside an order in which he declined to consider a motion made by the petitioner. The facts of the case are sufficiently stated in the opinion. cited Ex parte Highland Ave. & B. R. R. Go., 105 Ala. 221; Allen v. Elliott, 67 Ala. 437.
1Opinion of the CourtTyson, J.
Section 20 of the act approved February 28, 1889 (Acts, 1888-89, p. 1000), entitled “An act to amend an act entitled an act to establish the city court of Birmingham, approved December 9, 1884,” provides “that final judgments and decrees rendered in said court shall, after the expiration of thirty days from their rendition, be taken and deemed as completely beyond the control of the court, as if the term of said court at which said judgment and decrees are rendered had ended at the end of thirty *120days; provided, however, that nothing herein contained, shall prevent parties from applying for…
2Cases cited2 opinions
- Ex parte Highland Avenue & Belt RailroadSupreme Court of Alabama · 1894
- Allen v. ElliottSupreme Court of Alabama · 1880
3Cited by4 opinions
- A. G. Story Mercantile Co. v. McClellanSupreme Court of Alabama · 1906
- Ex parte SmithSupreme Court of Alabama · 1910
- Anniston Electric & Gas Co. v. CooperSupreme Court of Alabama · 1902
- Caravella v. Bernheim Distilling Co.Alabama Court of Appeals · 1915