Reynolds v. Dothard
Supreme Court of Alabama
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…
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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
- Jones v. WatkinsSupreme Court of Alabama · 1827
- Farmers' Bank v. VanmeterCourt of Appeals of Virginia · 1826
- Gibbs v. FrostSupreme Court of Alabama · 1843
- Brooks v. HarrisonSupreme Court of Alabama · 1841
3Cited by4 opinions
- Givens v. TidmoreSupreme Court of Alabama · 1845
- Boswell v. TownsendSupreme Court of Alabama · 1876
- Greenlee v. GainesSupreme Court of Alabama · 1848
- Palys v. JewettSupreme Court of New Jersey · 1880