Willingham v. Harrell
Supreme Court of Alabama
Appeal from tbe Chancery Court of Dallas. Heard, before tbe Hon. Jakes B. ClaRK. The bill in this case was filed, on the 12th June, 1858, by-Benjamin C. ’Willingham and wife, against Josiah J. Harreó, and wife, for the purpose of setting aside an award.
Read the full summary
Appeal from tbe Chancery Court of Dallas. Heard, before tbe Hon. Jakes B. ClaRK. The bill in this case was filed, on the 12th June, 1858, by-Benjamin C. ’Willingham and wife, against Josiah J. Harreó, and wife, for the purpose of setting aside an award. Mrs. Willingham, prior to her marriage with the said Benjamin C., was the widow of Warren A. Brantley, deceased, who died in August, 1838; and had also qualified as executor of his last will and testament, and as guardian of her two infant children by Mm, Louisiana and ■Warren Brantley. On her marriagewith said 'Willingham, which took plac.e…
1Opinion of the CourtR. W. Walker, J.
1. The application to set aside the award is based upon nine distinct grounds, which are stated' in numerical order in the bill. 1 Of the existence of three of these objections to the award the complainant was fully advised at the time he proceeded to execute it. Of course* these objections are worthless as a foundation for such an application.
2. The six grounds of objection, of the existence of which the complainant alleges that he was ignorant when he performed the award, are those which are numbered in the bill as the 1st, 2d, 5th, 6th, 7th and 8th. The 1st is a general charge, that “ the…
2Cases cited5 opinions
- Atkinson v. ManksNew York Supreme Court · 1823
- Steele v. KinkleSupreme Court of Alabama · 1842
- Bruce v. StateIndiana Supreme Court · 1857
- Sloan v. SmithCalifornia Supreme Court · 1853
- Forqueron v. MeterIndiana Supreme Court · 1857
3Cited by4 opinions
- Brewer v. BainSupreme Court of Alabama · 1877
- Glens Falls Ins. Co. of New York v. GarnerSupreme Court of Alabama · 1934
- Gardner v. NewmanSupreme Court of Alabama · 1902
- Elrod v. SimmonsSupreme Court of Alabama · 1866