Wertheimer v. Ridgeway
Cases that cite this one
5 later published cases cite this decision.
- Thomasson v. Benson Hardware Co. (Ala. 1931)
- Cornelius v. Lowery (Ala. Ct. App. 1915)
- Hayes v. Hayes (Ala. 1915)
- Durst v. Haenni (Colo. App. 1913)
- Durst v. Haenni (Colo. App. 1913)
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 appeal in this case is taken from an order of the circuit judge, made in vacation, denying the petition of appellant, asking for a rehearing,
The judgment appealed from is unauthorized, and consequently a nullity. The judgment was rendered, not by any court, but by the judge in vacation. The statute (section 3346) provides that such petition, as in this case, must be tried by the court. — Ex parte Farquhar & Son, 99 Ala. 375, 11 South. 913. The judgment being a nullity, will not support an appeal. —Adams v. Wright, 129 Ala. 305, 30 South. 574. The cases cited by appellant were appeals from judgments of the court, and therefore do not apply here.
The appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.