Supreme Court of Alabama, 1859

Elliott v. Cook

Elliott v. Cook
Supreme Court of Alabama · Decided January 15, 1859 · Walker
33 Ala. 490

Elliott v. Cook

Opinion of the Court

"WALKER, J.—

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.

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