Stubbs v. Leavitt
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by Theodore B. Stubbs, to enjoin a judgment at law against himself and James E. Stubbs, as partners composing the firm of James E. Stubbs & Co.,, in favor of J. W. & R. Leavitt. The action at law was founded on a promissory note, purporting-to have been executed by said James E. Stubbs & Co., and representing on its face that complainant was a partner in said firm.
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Appeal from the Circuit Court of Montgomery. Heard before the Hon. Wade Keyes. This bill was filed by Theodore B. Stubbs, to enjoin a judgment at law against himself and James E. Stubbs, as partners composing the firm of James E. Stubbs & Co.,, in favor of J. W. & R. Leavitt. The action at law was founded on a promissory note, purporting-to have been executed by said James E. Stubbs & Co., and representing on its face that complainant was a partner in said firm. The writ was issued against complainant and James E. Stubbs, as the partners of the firm, and was returned by the sheriff…
1Opinion of the CourtRice, C. J.
The bill is filed for relief against a judgment at law. The only defenses set forth in the bill, to the note on which the judgment is founded, are such defenses as could have been made at law; and it is well settled, that, in such a ease, the complainant is not entitled to relief in chancery, unless he exempts himself from all blame for not making his defenses at law. — Taliaferro v. Br. Bk. at Montgomery, 23 Ala. 755, and authorities thereiu cited ; Cullum v. Casey, 1 Ala. 351.
The excuse alleged by the complainant, for not using his defenses at law, is, that he was not served with process,…
2Cases cited4 opinions
- Cullum v. Casey & Co.Supreme Court of Alabama · 1840
- Taliaferro's Adm'r v. Branch BankSupreme Court of Alabama · 1853
- Hobson & Sons v. EmanuelSupreme Court of Alabama · 1839
- Ethridge v. FullerSupreme Court of Alabama · 1844
3Cited by11 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Randall v. CollinsTexas Supreme Court · 1881
- McLean v. Presley's Adm'rSupreme Court of Alabama · 1876
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Tate v. EvansSupreme Court of Alabama · 1875
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