Peterson v. Blanton
Supreme Court of Alabama
Aureal from the Chancery Court of Pickens. Heard before the Hon. Thomas Coisiss. The bill in this case was filed on the 14th July, 1884, by Albert J. Peterson, against J. N. Blanton ; and sought equitable relief, in the nature of a new trial, against a judgment at, law, which had been rendered against the complainant in the Circuit Court of said county, in an action at law therein instituted by him against said Blanton, under the following circumstances, as alleged in the…
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Aureal from the Chancery Court of Pickens. Heard before the Hon. Thomas Coisiss. The bill in this case was filed on the 14th July, 1884, by Albert J. Peterson, against J. N. Blanton ; and sought equitable relief, in the nature of a new trial, against a judgment at, law, which had been rendered against the complainant in the Circuit Court of said county, in an action at law therein instituted by him against said Blanton, under the following circumstances, as alleged in the bill, and shown by the exhibits thereto: Blanton was indebted to complainant for advances made during the years 1881 and…
1Opinion of the Court
STONE, C. J.-
— When there is a judgment at law on a legal demand, obtained according to the rules which govern law courts, there can be no relief in the Chancery Court for mere reversible errors, nor for any other wrong or injury done or suffered, unless the party complaining shows that he had a valid subsisting demand .which he can establish, or a valid, meritorious defense which he can prove; and that he was prevented from establishing his right, or maintaining his defense, as the case may be, by surprise, accident, mistake, or the fraud of the opposite party, without any fault or…
2Cases cited1 opinion
- Beadle v. Graham's Adm'rSupreme Court of Alabama · 1880
3Cited by4 opinions
- DeSota Coal Min. & Dev. Co. v. HillSupreme Court of Alabama · 1915
- Roebling Sons Co. v. Stevens Electric Co.Supreme Court of Alabama · 1890
- Croghan v. UmplebaughSupreme Court of Iowa · 1917
- Zavelo v. GoldsteinSupreme Court of Alabama · 1912