Walker v. Hale
Supreme Court of Alabama
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.
Read the full summary
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
- Stephenson v. MansonySupreme Court of Alabama · 1842
- Reese v. BillingSupreme Court of Alabama · 1846
- Bridges & Beers v. MillerSupreme Court of Alabama · 1842
3Cited by12 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Pratt v. KeilsSupreme Court of Alabama · 1856
- Mt. Vernon Woodbury Mills v. Judges of Fifteenth CircuitSupreme Court of Alabama · 1917
- Edwards v. LewisSupreme Court of Alabama · 1850
- Bates v. WoodwardSupreme Court of Colorado · 1919
7 more not listed; retrieve them via the Exa API.