Baker, Lawler & Co. v. Pool
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 10th December, 1872, by Mrs. Susan J. Pool, against the appellants (a mercantile partnership), the sheriff of the county, and the personal representative of the complainant’s deceased husband, B>. B. Pool; and sought to enjoin a judgment at law, which the said Baker, Lawler & Co. had recovered against the complainant, on the 5th April, 1872, in a certain…
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Appeal from the Chancery Court of Marengo. Heard before the Hon. A. W. Hillard. The bill in this case was filed on the 10th December, 1872, by Mrs. Susan J. Pool, against the appellants (a mercantile partnership), the sheriff of the county, and the personal representative of the complainant’s deceased husband, B>. B. Pool; and sought to enjoin a judgment at law, which the said Baker, Lawler & Co. had recovered against the complainant, on the 5th April, 1872, in a certain action of detinue, instituted against them by her, as the administratrix of her said husband, on the 13th January, 1871-…
1Opinion of the CourtStone, J.
“It is a well-known maxim, that ignorance of Jaw will not furnish an excuse for any person, either for a breach, or for an omission of duty : Ignorantia legis neminem excusat,; and this maxim is equally as much respected in equity as in law. * * The probable ground for the maxim is that suggested by Lord Ellenborough, that otherwise there is no saying to what extent the excuse of ignorance might not be carried. * * * If, upon the mere ground of ignorance of the law, men were admitted to overhaul or extinguish their most solemn contracts, and especially those which have been executed by a…
2Cases cited4 opinions
- Lyon v. RichmondNew York Court of Chancery · 1816
- Lyon v. TallmadgeCourt for the Trial of Impeachments and Correction of Errors · 1817
- Jacobs v. . MorangeNew York Court of Appeals · 1871
- Bibb & Falkner v. AverySupreme Court of Alabama · 1871
3Cited by5 opinions
- Trounstine v. Remington Rand, Inc.Court of Chancery of Delaware · 1937
- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
- Kelly v. TurnerSupreme Court of Alabama · 1883
- Ward v. Bank of AbbevilleSupreme Court of Alabama · 1900
- Roberts v. RiceSupreme Court of Alabama · 1881