# City of Birmingham v. Goolsby

> Supreme Court of Alabama · April 6, 1933 · 227 Ala. 421

URL: https://www.frixlaw.com/law-library/cases/3252025

## Case

- **Full name:** City of Birmingham v. Goolsby.
- **Court:** Supreme Court of Alabama
- **Decided:** April 6, 1933
- **Citations:** 227 Ala. 421; 150 So. 322; 1933 Ala. LEXIS 286
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Gardner, Thomas, Brown, Poster, Knight, Anderson, Bouldin
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3252025

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3252025. Public record. Not legal advice.