Chandler v. Faulkner
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. This was a bill filed by the plaintiff in error, to enjoin the defendants in error, from collecting a sum of money by execution, which the bill alleges the plaintiff had been compelled to pay by a judgment against him as a garnishee. The chancellor dismissed the bill, on the ground that relief could be had hysupe?'sedeas and motion in the court out of which the execution issued;
1Opinion of the CourtOrmond, J.
The case of Lockhart v. McElroy, [4 Ala. Rep. 572,] is in point, to show that this bill cannot be sustained. There is no allegation of facts to authorize the interposition of a court of chancery, but it is in effect merely an application to have satisfaction entered on the judgment of the defendant in error, so far as' it is discharged by the payment of the judgment rendered against the plaintiff in error, as garnishee. This, the court out of which the execution issued, can direct to be done, on motion, and it cannot therefore be tolerated, that resort should be had to a *568court of chancery,…
2Cases cited1 opinion
- Lockhart v. McElroySupreme Court of Alabama · 1843
3Cited by7 opinions
- Brown v. CockerellSupreme Court of Alabama · 1858
- Moore v. LesueurSupreme Court of Alabama · 1858
- Skipper v. FosterSupreme Court of Alabama · 1856
- Bruce v. BarnesSupreme Court of Alabama · 1852
- Dickinson v. FletcherOregon Supreme Court · 1947
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