Brown v. Bates
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Mobile. The plaintiffs in error alledge in their bill, that some of them are citizens of New York, and others of Pennsylvania-, and that they recovered sundry judgments against the defendant in the circuit court of the United States for the fifth judicial district and the southern district of Alabama — the time when and the amounts for which these judgments were rendered is specially stated.
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Writ of Error to the Court of Chancery sitting at Mobile. The plaintiffs in error alledge in their bill, that some of them are citizens of New York, and others of Pennsylvania-, and that they recovered sundry judgments against the defendant in the circuit court of the United States for the fifth judicial district and the southern district of Alabama — the time when and the amounts for which these judgments were rendered is specially stated. It is also stated that writs of fieri facias were regularly issued upon each of the judgments, and returned “no property found,” 'and that they are all in…
1Opinion of the Court
COLLIER, C. J.:
It is insisted that the bill in this case conforms to the act of January,. 1844, which enacts, “ that whenever an execution against the property of a defendant shall have been issued on a judgment at law, and shall have been returned unsatisfied, and there shall remain due on said judgment, the party suing out such execution may file a bill in chancery against such defendant, and any other person or persons, to compel the discovery of any property, money, or thing in action, belonging to the defendant, and if any property, money, or thing in action, due to him, or held in trust…
2Cases cited1 opinion
- Lentilhon v. MoffatNew York Court of Chancery · 1833
3Cited by19 opinions
- Farley v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1911
- Grimball v. CruseSupreme Court of Alabama · 1881
- Gannard v. EslavaSupreme Court of Alabama · 1852
- Rugely v. RobinsonSupreme Court of Alabama · 1851
- Rives, Battle & Co. v. Walthall's Ex'rsSupreme Court of Alabama · 1862
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