Tucker v. Holley
Supreme Court of Alabama
ERROR the the Chancery Court of Pike. Tried before the Hon. J. W. Lesesne. This bill was filed by the plaintiffs in error, asking a perpetual injunction against a judgment at law.
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ERROR the the Chancery Court of Pike. Tried before the Hon. J. W. Lesesne. This bill was filed by the plaintiffs in error, asking a perpetual injunction against a judgment at law. It alleges, that the County Treasurer of Pike commenced suit in the County Court against Tucker, who was County Clerk, for a breach of official duty; that Tucker appeared, and pleaded in abatement, and his plea being sustained, leave was given to the plaintiff to amend; that defendant again pleaded in abatement, demurred, moved to quash, and excepted to the ruling of the court; that the court overruled his motion,…
1Opinion of the Court
CHILTON, J.'
The decree of the Chancellor, dismissing this bill, is correct. There is no equitable ground shown for impeaching the judgment of the County Court, and although the securities on the writ of error bond would be entitled to relief, upon establishing the facts alleged in the bill, yet they have united as co-complainants with Tucker and his securities on his official bond, and pray joint relief against the judgment at law, as against which the latter show no equity, and according to the established doctrine of this court, the bill was demurrable for this cause. See Wilkins & Wilkins…
2Cases cited2 opinions
- Wilkins v. JudgeSupreme Court of Alabama · 1848
- Whitaker v. DeGraffenreidSupreme Court of Alabama · 1844
3Cited by8 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Martin v. MartinSupreme Court of Alabama · 1860
- Rogers v. TorbutSupreme Court of Alabama · 1877
- Vaughn v. LovejoySupreme Court of Alabama · 1859
- Miller v. BatesSupreme Court of Alabama · 1860
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