Todd v. Leslie
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Frank Leslie against Mrs. Irene Todd and • others, to enjoin the execution of a judgment, and to annul the same. Decree for complainant and respondent appeals.
Read the full summary
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Frank Leslie against Mrs. Irene Todd and • others, to enjoin the execution of a judgment, and to annul the same. Decree for complainant and respondent appeals. The bill was insufficient in its statement of a defense to the suit should the judgment be set aside. — Dimidin v. Wilson, 64 Ala. 162; Bice v. Tobias, 89 Ala. 214. The complainant had his remedy under section 5872, Code 1907, to move for a new trial and the bill does not sufficiently acquit him of negligence in failing to do so. A court of equity will…
1Opinion of the CourtMayfield, J.
The bill in this case ivas by a defendant in judgment, against the plaintiff in judgment and the sheriff, to enjoin the execution of and to annul and cancel a judgment in ejectment taken by default, on the ground that the defendant was not served with process and had no notice or knowledge of the bringing, pendancy, or prosecution of the suit.
If the facts alleged in the bill are true, the defendant had a good defense to the action in ejectment; and hence it was sufficiently shown that he had a defense, and it was not necessary to allege the conclusion of law that such facts so alleged would…
2Cases cited1 opinion
- Evans v. WilhiteSupreme Court of Alabama · 1910
3Cited by9 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Hauser v. Foley & Co.Supreme Court of Alabama · 1914
- Williams v. TylerAlabama Court of Appeals · 1916
- Spencer v. SpencerSupreme Court of Alabama · 1950
- Kyser v. HertzlerSupreme Court of Alabama · 1914
4 more not listed; retrieve them via the Exa API.