54 So. 572 | Ala. | 1911
A judgment nil dicit was rendered in favor of. the petitioners against the Bessemer National Bank on October 19, 1910, and was set aside by the court on the 5th day of November, 1910, upon motion of the defendant. While the judgment rendered was nil dicit, there is no material distinction between it and the judgment by default in effect and operation. — Am. & Eng. Enc. Pl. & Pr. 59; Grigg v. Gilmer, 54 Ala. 430. And said judgment having been set aside in term time, and within 30 days after rendition, it was within the control of the court, and it had the discretionary power of setting same aside, and said action is not revisable under the four-month statute for rehearings at law, and which does not apply. Nor can such order support- an appeal. — Truss v. Birmingham, 96 Ala. 316, 11 South. 454; Allen v. Lathrop, 90 Ala. 490,
Mandamus denied.