78 Ala. 369
Decided December 15, 1884
Supreme Court of Alabama · decided 1884-12-15
Tried before the Hon. H. C. Speake. The appellants in this case brought an action against L. C. Shotts, but were defeated on the trial, judgment on verdict being rendered for the defendant. Within three months after the rendition of this judgment, they filed their petition, verified by affidavit, asking a rehearing of the ease on the ground of surprise, accident, mistake, or fraud.
Relies on Ex parte Walker · Ex parte North
Decided 1884-12-15
¶1There was, in the ruling from which this appeal was prosecuted, no final judgment or decree of a court. The decision appealed from was that of a judge at chambers. The case does not fall within section 3916 of the Code of 1876.
¶2Even if we concede that -this case is covered by section 3923 of the Code, the appeal was not taken in time, and must be dismissed on that account. See Ex parte North, 49 Ala. 385 ; Ex parte Walker, 54 Ala. 577.
¶3Appeal dismissed.