McBroom v. Sommerville
Supreme Court of Alabama
This was a proceeding in Chancery, determined in Madison Circuit Court, and brought by writ of error to this -Court by William McBroom, the complainant below. jn October, 1827, McBroom filed his bill against Alexander Sommerville, James Black, David Ireland, and also against James J. Thornton,'John McKinley, Oliver S. Hal-stead, and Arthur F. Hopkins, their attorneys.
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This was a proceeding in Chancery, determined in Madison Circuit Court, and brought by writ of error to this -Court by William McBroom, the complainant below. jn October, 1827, McBroom filed his bill against Alexander Sommerville, James Black, David Ireland, and also against James J. Thornton,'John McKinley, Oliver S. Hal-stead, and Arthur F. Hopkins, their attorneys. The material facts of which, as recited and summed up in the opinion delivered in this Court, are, that Black and Ireland, merchants trading under the firm of Black & Ireland, were indebted to Sommerville, on a note made by them…
1Opinion of the CourtBy Lipsomb, C. J.
The complainant prays that the judgment obtained on the covenant, and the decree dismissing Black’s bill, maybe opened, and that if this cannot be done, then that Ireland may be substituted in the judgment on the injunction bond in his place.
The counsel for the complainant insist that this bill is in the nature of a bill of review, and that Chancery ought to allow him all the equity that Black was entitled to. In Answer to this position, it will be only necessary to say, that it does not contain a single essential- ingredient of a bill of review; and as there is no fraud alleged in obtaining…
2Cited by2 opinions
- Broda v. GreenwaldSupreme Court of Alabama · 1880
- Martin v. HudsonSupreme Court of Alabama · 1875