Parker v. Doe ex dem. Burgen
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. John D. Phelan. When this case was reached on the call of the docket, the plaintiff in error, who was the defendant below, moved the court to strike the cause from the docket, on the ground that it had been previously disposed of; and to sustain the motion, proved that at the last term of the court the plaintiff had taken a nonsuit, which was entered on the minutes of the court, and that on a subsequent day of…
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Error to the Circuit Court of Montgomery. Tried before the Hon. John D. Phelan. When this case was reached on the call of the docket, the plaintiff in error, who was the defendant below, moved the court to strike the cause from the docket, on the ground that it had been previously disposed of; and to sustain the motion, proved that at the last term of the court the plaintiff had taken a nonsuit, which was entered on the minutes of the court, and that on a subsequent day of the term the non-suit was set aside, on the plaintiff’s application, “ on the payment of all the costs of suit;” he then…
1Opinion of the CourtLIGrON, J.
The motion to strike the case from docket in the court below was rightly disallowed. JEx parte Lowe, at the present term.
It will be impossible to consider the first and third exceptions separately, as they are most intimately connected; and if the action of the court below was correct on the matter involved in the third, then the ruling on the point presented by the first would follow as a consequence. It is manifest, also, that, at the trial, the charge brought to our notice by the third exception must have been prior, in point of time, to the others that were given or refused.
It seems, that…
2Cases cited1 opinion
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
3Cited by2 opinions
- Clarke v. RowanSupreme Court of Alabama · 1875
- Milner & Co. v. ClarkeSupreme Court of Alabama · 1878