Legal Opinion

Reynolds v. Dothard

Supreme Court of Alabama

Decided January 15, 1845PublishedCited by 4 opinions

Appeal from the Court of Chancery, sitting'at Talladega. The case made by the bill of the plaintiff in error, is substantially as follows, viz : The defendants, T. & W. Dothard, about the first of August, 1840, recovered against their co-defendants, Weir and Adrian, four several judgments for fifty dollars each, before John E. Clark, then a justice of the peace of the county of Randolph; Weir and Adrian executed one appeal bond, in the sum of four hundred and seventy-five…

Read the full summary

Appeal from the Court of Chancery, sitting'at Talladega. The case made by the bill of the plaintiff in error, is substantially as follows, viz : The defendants, T. & W. Dothard, about the first of August, 1840, recovered against their co-defendants, Weir and Adrian, four several judgments for fifty dollars each, before John E. Clark, then a justice of the peace of the county of Randolph; Weir and Adrian executed one appeal bond, in the sum of four hundred and seventy-five dollars, to which the former placed the plaintiff’s name as a surety under a pretended authority. The plaintiff denies…

1Opinion of the CourtCollier, C. J.

— A Court of equity will not grant relief oh the ground merely, that the Court of law adjudged a legal de-fence there set up to be insufficient; if the decision was erroneous the party’s remedy is by writ of error. [Moore v. Dial, 3 Stewart’s Rep. 155 ] Nor will it enjoin a judgment, on the ground, that it would have been revisable if the proper steps had been taken in the Court of law, but by mistake a confession of judgment had been entered. [Farmers’ Bank v. Vanmeter, 4 Rand. Rep. 553.] So if a party acquiesces in an erroneous judgment, till it is barred by the statute of limitations, a…

2Cases cited4 opinions

  1. Jones v. WatkinsSupreme Court of Alabama · 1827
  2. Farmers' Bank v. VanmeterCourt of Appeals of Virginia · 1826
  3. Gibbs v. FrostSupreme Court of Alabama · 1843
  4. Brooks v. HarrisonSupreme Court of Alabama · 1841

3Cited by4 opinions

  1. Givens v. TidmoreSupreme Court of Alabama · 1845
  2. Boswell v. TownsendSupreme Court of Alabama · 1876
  3. Greenlee v. GainesSupreme Court of Alabama · 1848
  4. Palys v. JewettSupreme Court of New Jersey · 1880

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API