Warfield v. Campbell
Supreme Court of Alabama
Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The original bill in this case was filed, on the 25th July, 1859, byHazael Warfield, against David L. Campbell and Mrs. Mary J. Witherspoon; and sought to set off the complainant’s interest in a judgment which Mrs. Witherspoon had obtained against said Campbell, against a judgment which Campbell had obtained against him, on the ground that Campbell was insolvent.
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Appeal from the Chancery Court at Mobile. Heard before the Hon. N. W. Cocke. The original bill in this case was filed, on the 25th July, 1859, byHazael Warfield, against David L. Campbell and Mrs. Mary J. Witherspoon; and sought to set off the complainant’s interest in a judgment which Mrs. Witherspoon had obtained against said Campbell, against a judgment which Campbell had obtained against him, on the ground that Campbell was insolvent. Campbell’s judgment against Warfield was recovered in the city court of Mobile, on the 25th March, 1859, and was affirmed by this court, on appeal, at its…
1Opinion of the CourtA. J. Walker, C. J.
The appellant by his bill asked to set off’ a part of a judgment wherein Mrs. Witherspoon is plaintiff and David L. Campbell defendant, against a judgment of Campbell against himself. Of the judgment in favor of Mrs. Witherspoon, he claimed to be the equitable owner to the extent of $1071 61. The set-off was allowed, except as to a part of Campbell’s judgment on the appellant, sufficient to discharge certain bills of cost, a judgment of Woodruff & Huntington, and the fees of counsel who procured the judgment of Campbell against the appellant. The argument here attributes to the chancellor an…
2Cases cited11 opinions
- Denton v. NoyesNew York Supreme Court · 1810
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- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Andrews v. MorseSupreme Court of Connecticut · 1838
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- McWilliams v. JenkinsSupreme Court of Alabama · 1882
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