Harrison v. Nolin
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. The record does not show the name of the presiding judge in the court below. The appellant in this case instituted a real action, in the nature of an action of ejectment, against the appellee, on the 20th March, 1859, and recovered a judgment by default on the 7th December, 1860. On the 19th March, 1861, the defendant filed a petition, under oath, asking a re-hearing of the cause; and on the 9th November, 1866, the following judgment…
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Appeal from the Circuit Court of Barbour. The record does not show the name of the presiding judge in the court below. The appellant in this case instituted a real action, in the nature of an action of ejectment, against the appellee, on the 20th March, 1859, and recovered a judgment by default on the 7th December, 1860. On the 19th March, 1861, the defendant filed a petition, under oath, asking a re-hearing of the cause; and on the 9th November, 1866, the following judgment was rendered: “Came the defendant, by attorney, and made application for a new trial in this case, and the plaintiff…
1Opinion of the CourtByrd, J.
The court granted a new trial, “ upon hearing all the facts in the case.” The record does not set out the facts upon which the court granted a re-hearing, and we can not therefore say that the court erred in the order made.
2. There was a demurrer to the application, but the record does not show the grounds of demurrer assigned; and in this state of the record, we must presume, in favor of the ruling of the court, that no ground was assigned that was good, or well assigned.—Helvenstein v. Higgason, 35 Ala. 259; Robbins v. Mendenhall, 35 Ala. 722.
Judgment affirmed.
2Cases cited2 opinions
- Helvenstein v. HiggasonSupreme Court of Alabama · 1859
- Robbins v. MendenhallSupreme Court of Alabama · 1860
3Cited by3 opinions
- Donegan & Tabor v. WoodSupreme Court of Alabama · 1873
- State v. GardnerSupreme Court of Alabama · 1871
- James v. MoseleySupreme Court of Alabama · 1872