Elliott v. Cook
Supreme Court of Alabama
Elliott v. Cook, 33 Ala. 490 (Ala. 1859)
Walker
Elliott v. Cook
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.
Reference
- Full Case Name
- ELLIOTT v. COOK
- Cited By
- 8 cases
- Status
- Published