Cox v. Mobile & Girard Railroad
Supreme Court of Alabama
Appeal from tbe Chancery Court of Macon. Heard before Hon. N. W. Cocke. This was a bill in equity exhibited by the appellant against the .appellee, and sought to enjoin a judgment at law.
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Appeal from tbe Chancery Court of Macon. Heard before Hon. N. W. Cocke. This was a bill in equity exhibited by the appellant against the .appellee, and sought to enjoin a judgment at law. In the year 1850, appellant, as a mere surety, signed a note made by one Cleckly to one Lampkin, doe January 1st, 1851. Suit was brought on this note, and resulted in a judgment against appellant, at the fall term of Macon circuit court, 1858 on appeal to the supreme court, this judgment was reversed, and a new trial was had, and judgment again rendered against complainant at the fall term, 1866, of the…
1Opinion of the CourtPeters, J.
This is an application in chancery, in the nature of a motion-for a new trial at law. The bill was dismissed upon demurrer for want of equity. In such a case the allegations of the bill are in lieu of the facts stated in the affidavits in support of a motion for a new trial. On a motion to dismiss for want of equity, the allegations of the bill must be taken as absdlutely true, unless they contradict each other, or are so made as to impair their own force. A new trial is granted for the sake of obtaining justice. — 2 Tidd Pr. 905, marg. A new trial will be granted in equity in case of newly…
2Cases cited4 opinions
- Carrington v. HolabirdSupreme Court of Connecticut · 1846
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1861
- Doubleday v. MakepeaceIndiana Supreme Court · 1835
3Cited by8 opinions
- Jenness v. CutlerSupreme Court of Kansas · 1874
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
- DeSota Coal Min. & Dev. Co. v. HillSupreme Court of Alabama · 1915
- Beadle v. Graham's Adm'rSupreme Court of Alabama · 1880
- Lemmon v. WhitmanIndiana Supreme Court · 1881
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