McCollum v. Prewitt
Supreme Court of Alabama
Appeal from tlio Chancery Court of Fayette; Heard before the Iíoi>. James B.-Clabk.; The bill in..,this case-was filed, on the 30th September, 3.859, by James K. McCollum,:,.against John W. Prewitt; and sought to enjoin a judgment at law, which said Prewitt bad recovered against said McCollum and others.
Read the full summary
Appeal from tlio Chancery Court of Fayette; Heard before the Iíoi>. James B.-Clabk.; The bill in..,this case-was filed, on the 30th September, 3.859, by James K. McCollum,:,.against John W. Prewitt; and sought to enjoin a judgment at law, which said Prewitt bad recovered against said McCollum and others. The action, at law,.in which said judgment was rendered, was commenced on the 20th September, 1S5S, and was founded on a promissory note for $1050, executed by said McCol-lum and others, dated the 8th July, 1856, and payable six months after date; and tlie judgment was rendered, on the…
1Opinion of the CourtStone, J.
The first point relied on in support of the 'equity of the present bill is, that it can be sustained as a bill for discovery. Tt has long been settled in this State, that a party who is sued at law, and suffers judgment to go against him, cannot afterwards maintain a bill for discovery of matters of purely legal defense to the action at daw, unless he shows sufficient excuse for not defending at law, and brings himself within the rule which, in certain cases, allows a party, after trial at law, to have a retrial in equity. — See Powell v. Stewart, 17 Ala. 710 ; 1 Reav. Dig. 284, § 696. Under…
2Cases cited11 opinions
- Watts v. GayleSupreme Court of Alabama · 1852
- Moore v. LesueurSupreme Court of Alabama · 1858
- Hair v. LoweSupreme Court of Alabama · 1851
- Allman v. OwenSupreme Court of Alabama · 1857
- Strong's Ex'rs v. BrewerSupreme Court of Alabama · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Carwile v. CrumpSupreme Court of Alabama · 1910
- Roebling Sons Co. v. Stevens Electric Co.Supreme Court of Alabama · 1890
- Stevens v. HertzlerSupreme Court of Alabama · 1896
- Bibb v. HitchcockSupreme Court of Alabama · 1873
- Wilson v. IsbellSupreme Court of Alabama · 1871
4 more not listed; retrieve them via the Exa API.