Mallory v. Matlock
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting at Jacksonville. It is stated in the bill that the complainants, William and Henry H. Mallory, the former as principal, and the latter as surety, executed their bill single, on the 15th February, 1841, by which they promised to pay to the defendant, twelve months after date, $3,315. On this specialty the defendant recovered a judgment against the obligors at the July term of the county court of Benton, liolden in 1844, for the…
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Writ of Error to the Court of Chancery sitting at Jacksonville. It is stated in the bill that the complainants, William and Henry H. Mallory, the former as principal, and the latter as surety, executed their bill single, on the 15th February, 1841, by which they promised to pay to the defendant, twelve months after date, $3,315. On this specialty the defendant recovered a judgment against the obligors at the July term of the county court of Benton, liolden in 1844, for the amount expressed on its face, with interest thereon. The complainant, William Matlock, paid on the writing in question…
1Opinion of the CourtCollier, C. J.
The chancellor was clearly correct in dismissing this bill for want of equity. We have carefully examined it, and cannot discover any allegation which would furnish a pretence for sustaining it. In respect to the ruling of the county court upon the interrogatories to the defendant that does not entitle the complainants to a hearing in chancery. In Mallory, et al. v. Matlock, 7 Ala. Rep. 757, it is suggested that if interrogatories in such a case are improperly rejected, a mandamus would be the appropriate remedy to compel the primary court to admit them. If this suggestion be well founded, it…
2Cases cited1 opinion
- Mallory v. MatlockSupreme Court of Alabama · 1845
3Cited by9 opinions
- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1861
- Pearce v. Winter Iron-WorksSupreme Court of Alabama · 1858
- Ex parte HillSupreme Court of Alabama · 1910
- McCollum v. PrewittSupreme Court of Alabama · 1861
- Weems v. WeemsSupreme Court of Alabama · 1882
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