Jessee v. Cater
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. ANDREW B. Moore. This action (Wm. H. Jessee vs. Jemima M. Cater, John W. Lapsley, and Wm. H. Fellows) was commenced by summons and complaint under the Code, and was founded on an injunction bond.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. ANDREW B. Moore. This action (Wm. H. Jessee vs. Jemima M. Cater, John W. Lapsley, and Wm. H. Fellows) was commenced by summons and complaint under the Code, and was founded on an injunction bond. The defendants pleaded several pleas, of which it is only necessary to notice the first, as the rulings of the court in reference to it are the only errors assigned.— This plea avers, substantially, that the complainant in the injunction suit had filed her bill for an abatement of a livery stable erected by said Wm. H. Jessee; that the…
1Opinion of the Court
LIGON, J. —
1. We think it clear that the award set out in the first plea in this case was never intended to be final, as to the matters involved in the chancery suit between the parties, until the things required to be done by it were performed, or offered to be performed by the parties respectively. The matters settled by the award are merely collateral to the controversy on which the reference was made, and the arbitrators go no further than to require the parties to make conveyances to each other on certain terms set forth in the award. In such cases, a plea which sets up and insists on…
2Cases cited1 opinion
- M'Alpin v. MaySupreme Court of Alabama · 1828
3Cited by1 opinion
- Jesse v. CaterSupreme Court of Alabama · 1856