¶1The appellant does not show, by his petition, that he was “'prevented from making his defense by surprise, accident, mistake, or fraud, without fault on his part.” The demurrer to the petition was, therefore, properly sustained; and the judgment of the court below must be affirmed.—White v. Ryan & Martin, 31 Ala. 400; Stewart v. Williams, at the present term.
33 Ala. 490
Elliott v. Cook
Decided January 15, 1859
Supreme Court of Alabama · decided 1859-01-15
(The name of the presiding judge is not shown by the record.) This was an application for a rehearing after final judgment at law, under section 2408 of the Code.
Relies on White v. Ryan
Good law ✅— No negative treatment on recordhow we know
Decided 1859-01-15
How this case has been cited
Cited by 8 later decisions — most recently June 1939
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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