Campbell v. Conner
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 11th December, 1883, by Campbell & Wright, suing as partners, against J. M. Conner and George A. York; and sought to restrain the issue and levy of an execution on a judgment which said Conner liad obtained against the complainants, and to establish an equitable set-off against it to the amount of $27, taxed as a part of the costs as the witness fees due said…
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Appeal from the Chancery Court of Macon. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 11th December, 1883, by Campbell & Wright, suing as partners, against J. M. Conner and George A. York; and sought to restrain the issue and levy of an execution on a judgment which said Conner liad obtained against the complainants, and to establish an equitable set-off against it to the amount of $27, taxed as a part of the costs as the witness fees due said York. According to the allegations of the bill, the judgment was rendered by the Circuit Court of said county, on the 4th…
1Opinion of the CourtStone, C. J.
It would seem that pecuniary emolument could not have been the motive of this suit, as the amount *213involved — twenty-seven dollars — will not pay the expense of prosecuting the suit. Still, the amount claimed exceeds twenty dollars, which may be regarded as the fixed minimum of chancery jurisdiction.' — Hall v. Cannte, 22 Ala. 650.
The bill contains every necessary averment to give the Chancery Court jurisdiction of the set-off claimed. York’s fees for attendance as a witness for Campbell & Wright have become merged in the judgment Conner recovered against them, and can be collected by the…
2Cases cited5 opinions
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Tate v. EvansSupreme Court of Alabama · 1875
- Ingraham v. FosterSupreme Court of Alabama · 1857
- Wood v. SteeleSupreme Court of Alabama · 1880
- Hall v. CannteSupreme Court of Alabama · 1853
3Cited by9 opinions
- Davis v. PetrinovichSupreme Court of Alabama · 1896
- O'Neill v. PerrymanSupreme Court of Alabama · 1893
- City of Talladega v. EllisonSupreme Court of Alabama · 1955
- Bell v. Montgomery Light Co.Supreme Court of Alabama · 1893
- Burns v. AustinSupreme Court of Alabama · 1932
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