Elliott v. Cook
Elliott v. Cook
33 Ala. 490
Cases that cite this one
7 later published cases cite this decision.
- Little v. Peevy (Ala. 1939)
- Ex parte Wallace (Ala. 1877)
- Ex parte Walker (Ala. 1875)
- Ex parte Carroll (Ala. 1873)
- Dothard v. Teague (Ala. 1867)
- Ketchum v. Dennis (Ala. 1867)
- Allington v. Tucker (Ala. 1863)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.