Hill v. M'Neill
Supreme Court of Alabama
Error to Wilcox Circuit court, exercising chancery jurisdiction. Bill for injunction and discovery, tried before Cren-shaw, J. The plaintiff in error exhibited his bill on the equity side of the Circuit court of Wilcox county, alleging that the defendant had recovered a judgment against him, on which an execution had issued against his estate; and stating that the defendant, in the same character in which the judgment was obtained, was indebted to him in a sum larger than…
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Error to Wilcox Circuit court, exercising chancery jurisdiction. Bill for injunction and discovery, tried before Cren-shaw, J. The plaintiff in error exhibited his bill on the equity side of the Circuit court of Wilcox county, alleging that the defendant had recovered a judgment against him, on which an execution had issued against his estate; and stating that the defendant, in the same character in which the judgment was obtained, was indebted to him in a sum larger than the judgment. The bill then prayed process of injunction and subpoena, until the matters of account could be adjusted in…
1Opinion of the Court
COLLIER. C. J.
The first enquiry which presents itself, in considering this ease, Is. do the facts, disclosed by the bill, authorise the interference of equity.
The plaintiff does not inform us why he did not avail himself of his sets off, on the trial at law. If the omission resulted from his inability to prove them, without the aid of the defendant's testimony, it was certainly incumbent upon him to have exhibited his bill, previous to the judgment calling for a discovery, or else show a satisfactory excuse for Paving thus long neglected it.
Again»: The bill is in the nature of a bill for a…
2Cited by4 opinions
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- Jordan v. LoftinSupreme Court of Alabama · 1848
- Hempstead v. WatkinsSupreme Court of Arkansas · 1845
- Standard Coal Co. v. WeiselSupreme Court of Alabama · 1917