Dothard v. Teague
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. John Henderson. The appellant in this ease obtained a judgment in said circuit court, against the appellee, on the 28th February, 1866. The action was in trover, for the conversion of a “copper still,” and was commenced on the 16th September, 1862; the summons being executed on the 20th September, by one J. B. Watson, as special deputy of the sheriff.
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Appeal from the Circuit Court of Randolph. Tried before the Hon. John Henderson. The appellant in this ease obtained a judgment in said circuit court, against the appellee, on the 28th February, 1866. The action was in trover, for the conversion of a “copper still,” and was commenced on the 16th September, 1862; the summons being executed on the 20th September, by one J. B. Watson, as special deputy of the sheriff. The judgment was by default, with writ of inquiry, which was executed,on the same day. On the 20th March, 1866, the defendant in the judgment filed his petition for a re-hearing,…
1Opinion of the CourtByrd, J.
The petition for a new trial, when subjected to the test of the principles and rulings announced in the following cases, cannot be sustained; and the demurrer thereto should have been.— White v. Ryan & Martin, 31 Ala. 400; Shields v. Burns, 31 Ala. 535; Elliott v. Cook, 33 Ala. 490; Stewart v. Williams, 33 Ala. 492. If there was any accident, mistake, surprise, or fraud, which would authorize the granting a new trial, still the appellee does not show that he was toithout fault. If he made any mistake, it was one of law, and not of fact; and he states facts in the petition which should have…
2Cases cited4 opinions
- White v. RyanSupreme Court of Alabama · 1858
- Shields v. BurnsSupreme Court of Alabama · 1858
- Elliott v. CookSupreme Court of Alabama · 1859
- Stewart v. WilliamsSupreme Court of Alabama · 1859
3Cited by5 opinions
- Ex parte NorthSupreme Court of Alabama · 1873
- Newton v. Alabama Midland Railway Co.Supreme Court of Alabama · 1892
- Contorno v. Ensley Lumber Co.Supreme Court of Alabama · 1924
- Lawson v. MooreSupreme Court of Alabama · 1871
- Bowden v. PerdueSupreme Court of Alabama · 1877