Nixon v. Clear Creek Lumber Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. 3). Sayre. Bill by Robert Nixon against tbe Clear Creek Lumber Company. From a decree for defendant, complainant appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. 3). Sayre. Bill by Robert Nixon against tbe Clear Creek Lumber Company. From a decree for defendant, complainant appeals. Where a defendant to an action at lav lias a cross demand which might have been set off, he cannot after judgment, rendered maintain a bill in equity for the purpose of availing himself of the set-off; and this is true even when the bill alleges the insolvency of the plaintiff who obtained the judgment. — -Pierce v. Winter Iron- Works, 32 Ala. 73; Watts v. Hayre, 76 Ala. 397; Owen v. Gerson, 119 Ala. 217. Damages in…
1Opinion of the CourtSimpson, J.
The bill in this case was for a discovery. and for the injunction of certain judgments, until the amount of complainant’s set-off could be ascertained and applied against said judgments. The bill is filed by appellant (complainant) against appellee (defendant), and alleges that said defendant had obtained certain judgments against the complainant, which were based on the fact that the firm of Robert Nixon & Co .had taken up certain ’ logs of the defend*605ant, which were adrift in the river; that said defendant was also indebted to complainant on account of logs of complainant’s, which were also…
2Cases cited9 opinions
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Handley v. HeflinSupreme Court of Alabama · 1887
- Farris v. HoustonSupreme Court of Alabama · 1884
- Shackelford v. BankheadSupreme Court of Alabama · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Evans v. WilhiteSupreme Court of Alabama · 1910
- Bolden v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1925
- MacEy v. CrumSupreme Court of Alabama · 1947
- Erswell v. FordSupreme Court of Alabama · 1922
- Barrow v. LindseySupreme Court of Alabama · 1935
14 more not listed; retrieve them via the Exa API.