Semple v. Murphy

Judge Simpson

delivered the opinion, of the Court.

Murphy brought a suit against Semple before a Justice of the Peace, on a note for forty dollars.. Semple filed a bill in chancery in the Circuit Court of the same county, alledging payment of the debt, the residence of Murphy m the State of Alabama, and his inability to prove the payment of the debt by any other testimony except the oath of the plaintiff in the warrant. He prayed for a discovery and obtained an in*272junction t© .prevent any further proceedings on the warrant until such discovery was made.

The Chancellor has power, on bill filed for…