Griffin v. Branch Bank
Supreme Court of Alabama
Motion by the plaintiff, for this Court to issue a supersedeas to the sheriff of Talladega county, or such other remedial writ as may be proper under the facts disclosed, to set aside a writ of execution issued at the suit of the defendant.
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Motion by the plaintiff, for this Court to issue a supersedeas to the sheriff of Talladega county, or such other remedial writ as may be proper under the facts disclosed, to set aside a writ of execution issued at the suit of the defendant. The facts as disclosed by the record, in connection with an agreed statement, are these, to wit: The plaintiff filed his bill in Chancery in Talladega, that being in the northern division, to enjoin the defendant from proceeding on a certain judgment obtained against the plaintiff, and his sureties for some neglect of duty, as sheriff of Talladega county.…
1Opinion of the CourtGoldthwaite, J.
1. It is supposed by the counsel on behalf of this motion, that the order directing the dissolution of the injunction, was made irregularly, because the Chancellor of the northern division of the State, made it át a place without his district. An examination of the statute will show this impression is unfounded. It provides, that “ it shall be lawful, when an injunction has been granted, for the defendant, in vacation, after having filed an answer, to present to the Chancellor within whose division the bill may be pending, a copy of the bill and answer, and to apply *203for a dissolution of the…
2Cases cited3 opinions
- Long v. BrownSupreme Court of Alabama · 1843
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Boren v. ChisholmSupreme Court of Alabama · 1842
3Cited by6 opinions
- St. Louis, Kennett & Southern Railroad v. WearSupreme Court of Missouri · 1896
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- San Antonio & A. P. Ry. Co. v. BlairTexas Supreme Court · 1917
- Powell v. Central Plank Road Co.Supreme Court of Alabama · 1854
- Baugh v. North Alabama Coal & Mineral Co.Supreme Court of Alabama · 1929
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