McGlathery v. Richardson Bros. & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan. Heard before the 1-Ion. William II. Simpson. The hill in this ease was originally filed on June 1st, 1896, by F. S. MeG-althery and D. It.
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Appeal from the Chancery Court of Morgan. Heard before the 1-Ion. William II. Simpson. The hill in this ease was originally filed on June 1st, 1896, by F. S. MeG-althery and D. It. McGlathery, husband and wife, against Bicbardson Bros. & Co., a co-partnership, and the individual members of said partnership, and Smith & Francis, a partnership, and the individual members of said firm, and the following facts were averred: On May 15, 1890, the 'complainants, F. S. and D. R. McGlatliery, executed a mortgage to Smitli & Francis, to secure an indebtedness due them evidenced by a prim-issory note.…
1Opinion of the CourtDowdell, J.
If the restraining the execution of the decree rendered by the court in which the present bill is filed had been the sole purpose of the bill, then the-proper practice in obtaining the relief sought, would have been, not by original bill, but by filing a petition. The reasons for this practice are fully stated in the cases, of Wright v. Phillips et al., 56 Ala. 69, and Haralson v. George, Ib. 297. But the present bill had for its purpose also, the impeachment of the decree in the former suit,, for fraud in its procurement and rendition. Where the integrity of the decree itself is involved and…
2Cases cited1 opinion
- Wright v. PhillipsSupreme Court of Alabama · 1876
3Cited by3 opinions
- Lamar v. Lincoln Reserve Life Ins. Co.Supreme Court of Alabama · 1930
- Cudd v. ReynoldsSupreme Court of Alabama · 1914
- Ex Parte ConradiSupreme Court of Alabama · 1923