Legal Opinion

French v. Garner

Supreme Court of Alabama

Decided June 15, 1838PublishedCited by 37 opinions

Error to the Circuit court of Dallas, exercising Chancery jurisdiction. Bill of complaint, tried before Judge Crenshaw. ■ In this case, an injunction was obtained to stay proceedings on a judgment at law, which at a subsequent term, was, on motion of defendants, dissolved, and the hill dismissed for want of equity.

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Error to the Circuit court of Dallas, exercising Chancery jurisdiction. Bill of complaint, tried before Judge Crenshaw. ■ In this case, an injunction was obtained to stay proceedings on a judgment at law, which at a subsequent term, was, on motion of defendants, dissolved, and the hill dismissed for want of equity. From this order, plaintiff in error appealed, and assigned that— The chancellor below erred in dissolving the injunction, and should have decreed in favor of complainant, on the motion to dissolve. presented two points for the consideration of the court : 1. That complainant…

1Opinion of the CourtGoldthwaite, J.

— The bill, in this case, charges that the complainant made his note dated the eleventh day of January, eighteen hundred and twenty-six, payable to the defendant, Garner, or bearer, three days after the date of the same, for the sum of one hundred and sixty-nine dollars. Of this note, the complainant paid sixty-nine dollars, on the fourteenth day of May, eighteen hundred and twenty-six. In April, eighteen hundred and twenty-seven, the complainant became possessed (in right of his wife) of a note of the defendant, Garner, for the sum of one hundred dollars, given to one Lock, the father of…

2Cases cited1 opinion

  1. Royster v. WatkinsSupreme Court of Alabama · 1836

3Cited by37 opinions

  1. Hendley v. ChabertSupreme Court of Alabama · 1914
  2. Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
  3. Norman v. BurnsSupreme Court of Alabama · 1880
  4. Moore v. LesueurSupreme Court of Alabama · 1858
  5. Otis v. DarganSupreme Court of Alabama · 1875

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