Opinion

City of Birmingham v. Goolsby

  • 227 Ala. 421
  • 150 So. 322
  • 1933 Ala. LEXIS 286
Court
Supreme Court of Alabama
Filed
Apr 6, 1933
Status
Published
On the bench
Gardner, Thomas, Brown, Poster, Knight, Anderson, Bouldin
Cited by
20 cases
Authority
More cited than 43.8%

The opinion

On Rehearing.

PER CURIAM.

Upon further consideration by the court in banc, the opinion prevails that the trial court abused his discretion in declining to postpone the trial, until defendant’s counsel finished the trial of the case in which he was then engaged. The following cases are in point: Harde v. Purdy, 115 N. Y. Supp. 92 ; Watkins’ Adm’r v. Ahrens & Ott Manuf’g Co., 38 S. W. 868 .

It results that the application for rehearing is therefore granted, the judgment of affirmance set aside, and the judgment of the circuit court is reversed, and the cause is remanded.

Rehearing granted; judgment reversed and. remanded.

*426

GARDNER, THOMAS, BROWN, POSTER, and KNIGHT, JJ., concur.

ANDERSON, O. J., and BOULDIN, J., adhere to the original opinion by BROWN, J., and therefore dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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