Campbell v. White
Supreme Court of Alabama
Bill in Equity for Relief against J'udgment at Law. Appeal from the Chancery Court of Coffee. Heard before the Hon. John A. Foster. cited Beadle v. Graham, 66 Ala. 102; 1 Brick. Dig. 666, §376; 2 Story’s Equity, §§ 81, 887.
1Opinion of the CourtSomerville, J.
We can see no ground for the intervention of a court of equity in the present case. The purpose of the bill is to obtain equitable relief against a judgment at law, in the nature of a bill for a new trial. Conceding that the complainant shows that he had a valid defense to the action in which the judgment was rendered, — which in our view is not made clear — he fails to show that he was prevented from making it by accident, surprise, mistake, or the fraud of the opposite party, unmixed with negligence on his own part, which was' essential as a condition precedent to equitable interference.…
2Cases cited3 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Beadle v. Graham's Adm'rSupreme Court of Alabama · 1880
- Renfro Bros. v. Merryman & Co.Supreme Court of Alabama · 1881
3Cited by6 opinions
- Alabama Chemical Co. v. HallSupreme Court of Alabama · 1926
- Jarvis v. StateSupreme Court of Alabama · 1930
- McLaughlin v. BeyersSupreme Court of Alabama · 1912
- Kanape v. ReevesSupreme Court of Alabama · 1899
- Zavelo v. GoldsteinSupreme Court of Alabama · 1912
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