He served as an associate justice of the Alabama Supreme Court from 1872 to 1890.
The Alabama Supreme Court refused last year to review the case.
He also served as a special justice on the Alabama Supreme Court.
The case now returns to the Alabama Supreme Court.
The Alabama Supreme Court then cut the $4 million figure in half.
He was booted from his last job, chief justice of the Alabama Supreme Court, by an ethics panel.
From 1870-1880 he was the reporter of decisions for the Alabama Supreme Court.
The district attorney plans to appeal last week's ruling to the Alabama Supreme Court.
Following the results of a trial, the judge(s) in question may, if they wish, appeal to the Alabama Supreme Court.
In his first term he appointed the first black justice to the Alabama Supreme Court.