Hill v. McKenzie
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Nat. Cook. At tbe fall term of said circuit court, A. 13.1842, a judgment was rendered in favor of Green W. Hill, for tbe use of David B. Culberson, against Beuben Lanier, David C. Neal, and William D. Powell.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. Nat. Cook. At tbe fall term of said circuit court, A. 13.1842, a judgment was rendered in favor of Green W. Hill, for tbe use of David B. Culberson, against Beuben Lanier, David C. Neal, and William D. Powell. On tbe 13tb April, 1843, tbe three defendants in said judgment filed a bill in chancery, asking a dissolution of it, and, as required by the fiat of .the ebcuit judge who granted tbe injunction, executed a bond, with John McKenzie and E. J. W. Crockett as sureties, tbe condition of which was as follows : “ Now, if tbe…
1Opinion of the CourtA. J. Walker, C. J.
-Three persons joined in filing a bill for the injunction of a judgment. Tbej executed a bond, with surety, preliminary to the issue of the injunction. The final decree perpetuated the injunction of the judgment as to two of the complainants, and dissolved it as to the third. The three complainants were alike defendants in the judgment enjoined. The chancellor’s decree having been certified to the clerk of the court in which the judgment was rendered, an execution was issued against the defendant as to whom the injunction was dissolved, and against the surety. The surety obtained a…
2Cases cited3 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Del Barco v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Taylor v. PowersSupreme Court of Alabama · 1842
3Cited by1 opinion
- Halsey v. MurraySupreme Court of Alabama · 1895