Blood v. Beadle

Decided November 15, 1880

Supreme Court of Alabama · decided 1880-11-15

Appeab from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This was an application, by petition under oath, for a rehearing after final judgment at law, under the provisions of the statute. — Code, §§ 3161 et seq. The application was made by Josiah Springer, as the agent of Frank M. Blood, and was presented to Judge Wyeth, at chambers, on the 25th June, 1878.

Relies on Ex parte Walker

Good law ✅— No negative treatment on recordhow we know

Decided 1880-11-15

How this case has been cited

Cited by 7 later decisions — most recently April 1956

7 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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STONE, J.'

¶1— On the authority of Ex parte Wallcer, 54 Ala. 577, we feel bound to hold the petition in this case fatally defective. The surprise, or accident complained of, is but the oversight of counsel, which is no excuse for the client. The affidavit is also fatally defective, in not disclosing when the Circuit Court finally adjourned, and in not giving a satisfactory excuse why the claimant did not make an application and showing for a new trial before the adjournment sine die of that term of the court.

¶2Affirmed.