Berry v. Dunn
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Bill for injunction by Mrs. H. O. Berry against J. J. Dunn and others. From the decree, complainant appeals.
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Appeal from Circuit Court, Tallapoosa County; S. L. Brewer, Judge. Bill for injunction by Mrs. H. O. Berry against J. J. Dunn and others. From the decree, complainant appeals. The bill alleges that complainant owned three negotiable promissory notes executed by W. B. Thompson to complainant, which notes complainant transferred to Luna May Bishop, and that said Luna May Bishop is endeavoring to collect them from said Thompson, and the prayer is that said Thompson be enjoined from paying notes to her, and to require said Luna May Bishop to deliver them up to complainant,' to cancel…
1Opinion of the CourtSomerville, J.
[1] The crime of se< duction being a felony under our statute (Crim. Code, §7776), “there can be no question that the composition of the felony * * * was a highly penal offense, and that all who aided and abetted in its perpetration were participants in the guilt. Any executory contract or promise based on such consideration is illegal, and no suit can be maintained for its enforcement.” Clark v. Colbert, 67 Ala. 92. In that case Judge Stone thus expresses the conclusion of the court:
“The law will leave all who share in the guilt of an illegal or immoral transaction where it finds them, and…
2Cases cited5 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Clark v. ColbertSupreme Court of Alabama · 1880
- Foreman v. HardwickSupreme Court of Alabama · 1846
- Barker v. CallihanSupreme Court of Alabama · 1843
- Roberts v. TaylorSupreme Court of Alabama · 1838