Marble City Land & Furnace Co. v. Golden
Supreme Court of Alabama
Appeal from the Chancery Court of Talladega. Heard before the Hon. S. K. McSpadleN. The facts of the case are sufficiently stated in the-opinion. The hill of the complainant should have been dismissed.
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Appeal from the Chancery Court of Talladega. Heard before the Hon. S. K. McSpadleN. The facts of the case are sufficiently stated in the-opinion. The hill of the complainant should have been dismissed. The primary object of the bill and the facts which were averred, seeking to give it equity, failed by proof. — Pond v. Lockwood, 8 Ala. 669 ; Hause v. Hanse, 57 Ala. 266 ; Dickinson v. Bradford, 59 Ala. 586 ; Wilson v. Holt, 91 Ala. 212. The rule in equity is the same as that in law, and the allegata and probata must correspond, and it can make no difference how just the claim may appear from…
1Opinion of the CourtHaralson, J.
1. The general rule is, that the jurisdiction in equity attaches only when the creditor’s legal remedies have proved inadequate. For this reason, the creditor is required usually to allege in his bill seeking the assistance of an equity court in aid of his legal rights, that he has obtained judgment, and issued execution, and that there has been a return of no property found. Until then, the creditor has not established the justness of his demand, — that he is really a creditor, having a right to intermeddle with the alleged debtor’s affairs.—4 Am. & Eng. Encyc. of Law, 574; 3 Brick. Dig.…
2Cases cited6 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Evans v. WelchSupreme Court of Alabama · 1879
- Jones v. WilsonSupreme Court of Alabama · 1875
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Birmingham Railway, Light & Power Co. v. NortonAlabama Court of Appeals · 1913
- Redd v. WallaceSupreme Court of Alabama · 1906