Legal Opinion

Choctaw Bank v. Dearmon

Supreme Court of Alabama

Decided April 23, 1931No. 2 Div. 980PublishedCited by 8 opinions

1Opinion of the CourtBouldin, J.

The bill is to cancel and annul a judgment nil dicit in a claim suit because of alleged fraud, accident, or mistake in its procurement.

In aid of this main' relief, the bill prayed an injunction against proceeding to enforce an execution issued upon the claim bond.

The appeal is from a decree overruling demurrers to the bill and denying a motion to dissolve the temporary injunction after hearing upon bill, answer, and demurrer, with supporting affidavits on both sides.

We deal first with the merits of the case of the claimant in the claim suit, one of the essential elements 'in a bill of this…

2Cases cited20 opinions

  1. Evans v. WilhiteSupreme Court of Alabama · 1910
  2. Hendley v. ChabertSupreme Court of Alabama · 1914
  3. Gray v. HandySupreme Court of Alabama · 1920
  4. Norman v. BurnsSupreme Court of Alabama · 1880
  5. Collier v. FalkSupreme Court of Alabama · 1880

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3Cited by8 opinions

  1. Hanover Fire Ins. Co. v. StreetSupreme Court of Alabama · 1934
  2. Spencer v. SpencerSupreme Court of Alabama · 1950
  3. Ex Parte OvertonSupreme Court of Alabama · 2007
  4. Kelley v. ChavisSupreme Court of Alabama · 1932
  5. Lloyd's of London v. Fidelity Securities Corp.Alabama Court of Appeals · 1958

3 more not listed; retrieve them via the Exa API.

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