Hendley v. Chabert
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by C. P. Chabert and others against J. M. Henley. From a decree overruling demurrers to- the bill, respondent appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by C. P. Chabert and others against J. M. Henley. From a decree overruling demurrers to- the bill, respondent appeals. The bill states the facts to be that the Gas Light, Coal & Coke Company was, on February 20, 1911, engaged in running and operating a coal mine in Walker county; that Chabert & Chamborden had general superintendence and supervision as to the method and conduct of said mining operations, and could employ men working in the mine, but that the Gas Light Company reserved the right and authority to…
1Opinion of the CourtGardner, J.
By this bill the appellees (complainants in the court below) seek to enjoin the enforcement of a judgment recovered against them by the respondent in a court of law. The chancellor held the bill sufficient, overruling the demurrer, and hence this appeal.
We leave a recital of the salient features of. the bill to be found in the report of the case.
The judgment recovered in the law court was by default, and' the theory upon which the complainants seek relief is that such judgment was so recovered as the result of fraud, accident, or surprise unmixed with fault or neglect on the part of…
2Cases cited18 opinions
- Evans v. WilhiteSupreme Court of Alabama · 1910
- French v. GarnerSupreme Court of Alabama · 1838
- Watts v. GayleSupreme Court of Alabama · 1852
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Edmondson v. JonesSupreme Court of Alabama · 1920
- Quick v. McDonaldSupreme Court of Alabama · 1926
- Hanover Fire Ins. Co. v. StreetSupreme Court of Alabama · 1934
- Alabama Chemical Co. v. HallSupreme Court of Alabama · 1926
- Maddox v. HuntSupreme Court of Alabama · 1967
37 more not listed; retrieve them via the Exa API.