Saunders v. Albritton
Supreme Court of Alabama
Appeal from-.the Chancery Court of Pibe. Heard before the Hon.N. WV Cocke. The bill in this case was filed by Ephraim-. Saunders, . against Joseph E. Albritton, to enjoin a judgment at law which, said Albritton had recovered against him in the cir- . cuit court of Coffee.
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Appeal from-.the Chancery Court of Pibe. Heard before the Hon.N. WV Cocke. The bill in this case was filed by Ephraim-. Saunders, . against Joseph E. Albritton, to enjoin a judgment at law which, said Albritton had recovered against him in the cir- . cuit court of Coffee. The action at law, in which the judgment was rendered, originated in a., justice’s court, where two suits were instituted by said Albritton, against Saunders and one Striplin, founded on. two promissory notes. The justice having rendered judgments against-the defendants on the 14th April, 1855, Saunders removed the cases, by…
1Opinion of the CourtR. W. Walker, J.
It is plain that, on the facts proved, the complainant would not have been entitled to an injunction, even if the allegations of the bill had been in conformity with them. On the return of the certiorari to the circuit court, that court had 'jurisdiction of the case -and the parties. It may be, that its subsequent proceedings were marked by gross irregularities ; but mere irregularities, no matter how glaring, do not furnish, of themselves, a sufficient ground for a resort to chancery. It is not shown that "the complainant did not execute the notes, mn which the judgment was rendered. On the…
2Cases cited2 opinions
- Crafts v. DexterSupreme Court of Alabama · 1845
- Hair v. LoweSupreme Court of Alabama · 1851
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