Ex Parte Schoel
Supreme Court of Alabama
Petition by Mrs. Lizzie E. Sehoel for mandamus to be directed to Hon. Henry B. Foster, as Judge of the Sixth judicial circuit, requiring him to vacate and annul ah order or decree granting a motion for new trial in the case of Lizzie E. Sehoel against the United Order of the Golden Cross.
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Petition by Mrs. Lizzie E. Sehoel for mandamus to be directed to Hon. Henry B. Foster, as Judge of the Sixth judicial circuit, requiring him to vacate and annul ah order or decree granting a motion for new trial in the case of Lizzie E. Sehoel against the United Order of the Golden Cross. Failure of the court to enter an order continuing the motion operated as a discontinuance, and put it without the power of the court to act thereon. 200 Ala. 168, 75 South. 916; 188 Ala. 406, 66 South. 64; 177 Ala. 364, 58 South. 425. The court cannot look to anything but the record. 75 Ala. 376. All actions…
1Opinion of the CourtMcCLELLAN, J.
Petition for writ of mandamus to require the judge of the circuit court of Tuscaloosa county to vacate and annul the order under date of June 4, 1920, granting defendant’s motion for new trial in the cause of Elizabeth E. Schoel (petitioner in the present proceeding) against the United Order of the Golden Cross, and to declare such order or judgment a nullity.
The theory, in primary substance, of the petition is that because of the want of efficient orders of continuance of the motion for new trial, • the circuit court was without power to consider the motion.
[1] The answer of the circuit…
2Cases cited5 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Ex parte DoakSupreme Court of Alabama · 1914
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
- McCarver v. Doe ex dem. HerzbergSupreme Court of Alabama · 1902
- Ex parte Scudder-Gale Grocery Co.Supreme Court of Alabama · 1898
3Cited by31 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Blake v. RupeWyoming Supreme Court · 1982
- Ex Parte State Ex Rel. Atlas Auto Finance Co.Supreme Court of Alabama · 1948
- Rudolph v. RudolphSupreme Court of Alabama · 1948
- Ex Parte AdamsSupreme Court of Alabama · 1927
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