Brazel v. New South Coal Co.
Decision Date | 26 November 1901 |
Citation | 30 So. 832,131 Ala. 416 |
Parties | BRAZEL ET AL. v. NEW SOUTH COAL CO. |
Court | Alabama Supreme Court |
Appeal from circuit court, Walker county; Jas. J. Banks, Judge.
Action by W. T. Brazel and others against the New South Coal Company. Verdict for plaintiffs. From an order granting a motion in arrest of judgment, plaintiffs appeal. Dismissed.
Upon the trial of the cause the jury returned a verdict in favor of the plaintiffs. After the return of the verdict, but before judgment, the defendant made a motion in arrest of judgment upon the ground that the verdict of the jury was too indefinite to support a judgment, and the description of the property in the complaint was too indefinite to support a judgment. The court sustained this motion, and entered a decree accordingly. From this decree the present appeal is prosecuted.
Norvell & Smith, for appellants.
Coleman & Bankhead, for appellee.
This is an appeal prosecuted from a judgment granting a motion in arrest of judgment. Section 434 of the Code provides for appeals whenever a motion for a new trial shall be granted or refused by any circuit or city court. Motions in arrest of judgment do not come within its provisions, and the right of appeal in this case must find its support outside of this statute. The effect of the granting of the motion was to restore the cause to the docket for such further proceedings as the parties litigant may see proper to take. After this motion was granted, all pleadings may be amended, and a new trial had, without restriction or prejudice on account of any ruling or order made on the previous trial. In other words the cause can be tried de novo. Its status and the law governing it in respect to an appeal cannot, on principle, be distinguished from the condition of a cause where a rehearing is granted after final judgment at a subsequent term under section 3341 et seq. of the Code. In such cases the rule in respect to appeals to this court is clearly stated in O'Neal v. Kelly, 72 Ala. 559, as follows ...
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Ex parte Haisten
... ... court here reviewed. Ex parte Parker, 172 Ala. 136, 54 So ... 572; Brazel v. New South Coal Co., 131 Ala. 416, 30 ... So. 832; Hershey Chocolate Co. v. Yates et al., 196 ... ...
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... ... 183, 149 So. 213; Ex parte ... Parker, 172 Ala. 136, 54 So. 572; Brazel v. New South ... Coal Co., 131 Ala. 416, 30 So. 832; Hershey ... Chocolate Co. v. Yates, et al., ... ...
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Edge v. Bonner
...petition that he has a prima facie right to such relief. Ex parte Tower Mfg. Co., 103 Ala. 415, 15 So. 836; Brazel v. New South Coal Co., 131 Ala. 416, 30 So. 832; Central of Georgia R. R. Co. v. Carlock, 196 Ala. 659, 72 So. 261; Ex parte State ex rel. Denson, 248 Ala. 161, 26 So.2d The ac......
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Kolb v. Swann Chemical Corporation
... ... action of the court here reviewed. Ex parte Parker, 172 Ala ... 136, 54 So. 572; Brazel v. New South Coal Co., 131 ... Ala. 416, 30 So. 832; Hershey Chocolate Co. v. Yates et ... al., ... ...