Gaines v. Malone

LIVINGSTON, Justice.

This cause was submitted on motion to dismiss the appeal and on the merits.

The cause was commenced in the Circuit Court of Houston County, Alabama, by the-petition of F. M. Gaines, the appellant, filed under and by virtue of the provisions of section 6682, Code of 1923, Title 13, section 128, Code of 1940, which reads as follows:

“The circuit court has power after final judgment:

“To correct any error in fact in the judgment or process apparent upon the whole record.

“To secure parties or privies in their rights against any oppression or abuse of execution, or other process,…