Branch Bank at Mobile v. Rutledge & Watts
Supreme Court of Alabama
Error to the Chancery Court for the 20th District. Before the Hon. J. B. Clarke. ‘ The bill was filed by defendants in error, perpetually to enjoin a judgment against them in favor of the bank, rendered in the circuit court of Mobile county.
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Error to the Chancery Court for the 20th District. Before the Hon. J. B. Clarke. ‘ The bill was filed by defendants in error, perpetually to enjoin a judgment against them in favor of the bank, rendered in the circuit court of Mobile county. The bank, after due service of subpoena upon- the president, failed to make defence, whereupon a decree p'o confesso was rendered against it, and finally, a decree was pronounced, granting the relief •sought for by complainants. relied on the case in 8 Ala. R. 224, to show the want of jurisdiction.
1Opinion of the CourtChilton, J.
The case referred to by the counsel for the plaintiff in error, and several other decisions of this court, are conclusive to show that a bill to enjoin a judgment should be filed in a court of chancery where the judgment was obtained, and cannot be exhibited elsewhere, unless the party interested in the judgment will allow the litigation to be had in another county, and if such bill be filed in an improper .county, it will be dismissed on defendants' motion.
In this case, however, the defendant to the bill made no motion to dismiss, and permitted the court to proceed without any objection. The…
2Cited by8 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Kyser v. American Surety Co.Supreme Court of Alabama · 1925
- Wakefield v. WakefieldSupreme Court of Alabama · 1928
- White v. WhiteSupreme Court of Alabama · 1921
- Jordan v. Guaranty Pest Control, Inc.Supreme Court of Alabama · 1974
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