Southern Railway Co. v. Griffith
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by J. E. Griffith against the Southern Railway Company, for wrongful ejection of passenger. There was judgment for defendant, which, on motion, the court set aside under the circumstances stated in the opinion, and the defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by J. E. Griffith against the Southern Railway Company, for wrongful ejection of passenger. There was judgment for defendant, which, on motion, the court set aside under the circumstances stated in the opinion, and the defendant appeals. The court was without authority to rectify the judgment as the judgment had passed beyond its control. — Sec. 11, Code 1907; Sec. 20, Acts 1888-9, p. 1000; Ex parte H. A. & B. R. R. Go., 105 Ala. 221; Ex parte Payne, 130 Ala. 189. Whatever power the court lacked to set aside the…
1Opinion of the CourtSimpson, J.
The judgment in this case was rendered on the 11th day of January, 1911. A motion to set aside the judgment was filed on the 10th day of February, 1911, which motion was not called to the attention of the court until the 11th day of February, 1911, at Avhich time said motion was continued to February 20, 1911, and thereafter continued from time to time until June 24, 1911, Avhen an order Avas entered granting the same, from Avhich said judgment this appeal is taken.
This court has heretofore fully considered the Act of February 28, 1889 (Acts 1888-89, p. 992), by Avhich the city court of…
2Cases cited2 opinions
- Ex parte Highland Avenue & Belt RailroadSupreme Court of Alabama · 1894
- Birmingham Ry. L. & P. Co. v. HintonSupreme Court of Alabama · 1906
3Cited by9 opinions
- Ex Parte MargartSupreme Court of Alabama · 1922
- Pate v. StateSupreme Court of Alabama · 1943
- Morris v. Corona Coal Co.Supreme Court of Alabama · 1926
- Patterson v. StateSupreme Court of Alabama · 1934
- Mt. Vernon Woodbury Mills v. Judges of Fifteenth CircuitSupreme Court of Alabama · 1917
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