Cresswell's Adm'r v. Jones
Supreme Court of Alabama
Appeal from tbe Chancery Court of Greene. Heard before the Hon. A. W. Hillard. This.was a bill of review for error apparent, filed by leave of the court, on the 12th June, 1878, by William G. Jones and William H. Hunn, who, as trustee in a deed of trust for the benefit of creditors executed by one James Crawford, were defendants in the cause in which the decree was rendered now sought to be reviewed and set aside.
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Appeal from tbe Chancery Court of Greene. Heard before the Hon. A. W. Hillard. This.was a bill of review for error apparent, filed by leave of the court, on the 12th June, 1878, by William G. Jones and William H. Hunn, who, as trustee in a deed of trust for the benefit of creditors executed by one James Crawford, were defendants in the cause in which the decree was rendered now sought to be reviewed and set aside. The bill in that cause was filed on the 6tb October, 1874, by Mrs. Louisa W. Cresswell, tbe wife of Samuel L. Cresswell, agaiust her said husband, and against said Crawford, Jones…
1Opinion of the CourtSomerville, J.
Whether an erroneous ruling on a demurrer is such an error of law apparent on the record, as would authorize resort to a bill of review, is a question of grave doubt, which has never been decided bv this court. Its solution is not necessary to a decision of this cause, and *423we therefore give no opinion upon it. For a general discussion of the grounds justifying bills of review, we refer to the following authorities.—McDougald v. Dougherty, 39 Ala. 409; Brewer v. Bowman, 3 J. J. Marshall, 402 [s. c., 20 Amer. Dec. 160-175, note]; Bernadatti v. Sexton, 2 Tenn. Ch. 699; Perry v. Phillips, 17…
2Cases cited5 opinions
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Prince v. PrinceSupreme Court of Alabama · 1880
- Edwards v. BibbSupreme Court of Alabama · 1869
- Corbitt v. ClennySupreme Court of Alabama · 1875
- Buckley v. McGuireSupreme Court of Alabama · 1877
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- Holt v. WilsonSupreme Court of Alabama · 1883
- Larkin v. HaralsonSupreme Court of Alabama · 1914
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