Legal Opinion

Walker v. Hale

Supreme Court of Alabama

Decided January 15, 1849PublishedCited by 12 opinions

Error to the Orphans’ Court of Talladega, At the October Term, 1847, of the Orphans’ Court of Tal-ladega, the plaintiff in error propounded for probate a paper purporting to be the last will of David Walker, deceased. The next of kin having appeared and entered their caveat, an issue was made up and submitted to a jury, who returned their verdict, establishing the instrument, as the will of the deceased, and a decree was rendered in accordance therewith.

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Error to the Orphans’ Court of Talladega, At the October Term, 1847, of the Orphans’ Court of Tal-ladega, the plaintiff in error propounded for probate a paper purporting to be the last will of David Walker, deceased. The next of kin having appeared and entered their caveat, an issue was made up and submitted to a jury, who returned their verdict, establishing the instrument, as the will of the deceased, and a decree was rendered in accordance therewith. In the progress of the trial, a hill of exceptions ivas taken, and subsequently a motion was made for a new trial, which was continued by…

1Opinion of the CourtDargan, J.

A court cannot grant a new trial, after the. term is closed, at which the cause was tried, unless a motion during the term be made, and for some cause continued until the next term; but if the motion is made, the legal effect of it is to retain the matter for that purpose, under the control of the -court. The cause is said still to be in fieri, by reason of the motion; and the court may make any order afterwards that may be proper. Reese v. Billings, 9 Ala. 263; 3 Ala. 746; Stephenson v. Mansony, 4 Ala. 317. Yet there must be an end of litigation, and a time must come when the power of the…

2Cases cited3 opinions

  1. Stephenson v. MansonySupreme Court of Alabama · 1842
  2. Reese v. BillingSupreme Court of Alabama · 1846
  3. Bridges & Beers v. MillerSupreme Court of Alabama · 1842

3Cited by12 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Pratt v. KeilsSupreme Court of Alabama · 1856
  3. Mt. Vernon Woodbury Mills v. Judges of Fifteenth CircuitSupreme Court of Alabama · 1917
  4. Edwards v. LewisSupreme Court of Alabama · 1850
  5. Bates v. WoodwardSupreme Court of Colorado · 1919

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