Pratt v. Keils
Supreme Court of Alabama
Appeal from tbe Circuit Court of Barbour. Tried before tbe Hou. Johh G-ill Shoetee. Tbe record in this case shows tbe following facts : Pratt & McKenzie commenced suit against Keils & Sylvester, on certain bills, of exchange,-in April, 1855. At tbe May term, 1855, to which tbe summons was returnable, tbe defendants, by attorney, filed six special pleas; and at tbe same term a judgment nil dicit was rendered for tbe plaintiffs.
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Appeal from tbe Circuit Court of Barbour. Tried before tbe Hou. Johh G-ill Shoetee. Tbe record in this case shows tbe following facts : Pratt & McKenzie commenced suit against Keils & Sylvester, on certain bills, of exchange,-in April, 1855. At tbe May term, 1855, to which tbe summons was returnable, tbe defendants, by attorney, filed six special pleas; and at tbe same term a judgment nil dicit was rendered for tbe plaintiffs. After tbe expiration of the term, and on the 31st May, tbe defendants filed a petition, which was sworn to and addressed to the presiding judge of the circuit, and…
1Opinion of the CourtRice, C. J.
It may be conceded that, before the adoption of the Code, any court of record had the power, in certain cases, to vacate at a subsequent term a final judgment rendered by it at a previous term; and that this power has not been diminished by the Code. — Ex parte Sanford, 5 Ala. 562; Ex parte Weissinger, 7 ib. 710; Hood v. Br. Bk. Mobile, 9 ib. 335; Ex parte Crenshaw, 15 Peters’ Rep. 119; Reid v. Kelly, 1 Dev. Rep. 313; Austin v. Rodman, 1 Hawks, 71; Tisdale v. Gandy, 1 Hawks, 282. But it is certain that, be fore the Code became operative, a circuit court had no power to grant a new trial, or…
2Cases cited3 opinions
- Walker v. HaleSupreme Court of Alabama · 1849
- Ex parte SanfordSupreme Court of Alabama · 1843
- Shearer v. BoydSupreme Court of Alabama · 1846
3Cited by18 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Ex parte NorthSupreme Court of Alabama · 1873
- McLaughlin v. NettletonSupreme Court of Oklahoma · 1909
- Seawell v. Buckley's DistributeesSupreme Court of Alabama · 1875
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