Calhoun v. Powell
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery, Heard before Hon. N. W. Cocke. The bill in this case was filed on November 26th, 1867, and sought to enjoin the defendant, (appellant) from collecting a certain judgment which the defendant had recovered of the complainant, (appellee) in the circuit court of Montgomery.
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Appeal from the Chancery Court of Montgomery, Heard before Hon. N. W. Cocke. The bill in this case was filed on November 26th, 1867, and sought to enjoin the defendant, (appellant) from collecting a certain judgment which the defendant had recovered of the complainant, (appellee) in the circuit court of Montgomery. At the March term 1868, and before the final hearing, the cause was “ submitted on motion of defendant, to dismiss the bill for want of equity, and if that is overruled, then on motion to dissolve the injunction, on the denials of the answer.” The chancellor overruled both motions,…
1Opinion of the CourtByrd, J.
1. The act approved February 23rd, 1866, (p. 94) does not authorize an appeal from an order of the chancellor refusing to dissolve an injunction.
That act authorizes an appeal, upon the consent of the opposite party, from a decree overruling a motion to dismiss a bill for want of equity.
2. Bule 71 (Bevised Code, p. 833) gives the defendant the right, “at the calling of the cause, when he has not demurred for want of equity,” to move to dismiss the bill for that cause. Buie 69 requires that all demurrers, whether contained in the answer or not, should be disposed of on the calling of the cause,…
2Cited by3 opinions
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