Shields v. Burns
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. ■Tried before the Hon. Robt. Dougherty. IN this case, the appellee filed a petition, uuder section 2408 of the Code, to set aside a final judgment which had been rendered against him, at the last preceding term of said circuit court, in favor of the appellant.
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Appeal from the Circuit Court of Lowndes. ■Tried before the Hon. Robt. Dougherty. IN this case, the appellee filed a petition, uuder section 2408 of the Code, to set aside a final judgment which had been rendered against him, at the last preceding term of said circuit court, in favor of the appellant. The cause was submitted the decision of the court, as appears from the bill of exceptions, on the following agreed facts: “At the term of the court at which said judgment was obtained, Burns had employed one D. S. Harbin, an attorney of said court, to defend the suit, and stated to him, as a…
1Opinion of the CourtBice, C. J.
— The application in this case was made within proper time; that is, “within four months from the rendition of the judgment.” It was tried upon the “ agreed facts ” set forth in the bill of exceptions, and must be here tried upon them. Looking alone to them, *537it is doubtful, to say the least of it, whether any court could say that the defendant was “ prevented from making his defense, by surprise, accident, mistake, or fraud.” — Crawford v. Clute, 7 Ala. R. 157; Crawford v. Slade, 9 ib. 887. But, conceding that he was so prevented ; still that, of itself, is not sufficient to entitle him to a…
2Cases cited1 opinion
- Yancey v. DownerCourt of Appeals of Kentucky · 1824
3Cited by10 opinions
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Ex parte WalkerSupreme Court of Alabama · 1875
- Broda v. GreenwaldSupreme Court of Alabama · 1880
- Ex parte NorthSupreme Court of Alabama · 1873
- Ex parte WallaceSupreme Court of Alabama · 1877
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