Brooks v. Harrison
Supreme Court of Alabama
The defendant in error, filed his bill m equity against the plaintiff, in the Circuit Court of Montgomery, in the spring of. 1835, alleging that Martin Brooks recovered a judgment in the County Court of that County, against Sterling E. Harrison, for the sum of five hundred and eighty dollars, and costs of suit— that an execution, issued on that judgment, was levied on the 26th March, 1834, by William Gregory, then Sheriff of Montgomery, on a negro woman, the property of…
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The defendant in error, filed his bill m equity against the plaintiff, in the Circuit Court of Montgomery, in the spring of. 1835, alleging that Martin Brooks recovered a judgment in the County Court of that County, against Sterling E. Harrison, for the sum of five hundred and eighty dollars, and costs of suit— that an execution, issued on that judgment, was levied on the 26th March, 1834, by William Gregory, then Sheriff of Montgomery, on a negro woman, the property of Sterling E. Harrison ; for the delivery of whom, he executed a bond to the sheriff, with the name of the defendant thereto…
1Opinion of the CourtCollier, C. J.
— The plaintiffs in error, insist. 1st. That their demurrer to the bill should have been sustained; 2nd, that the decree is irregular in perpetuating the injunction, without having first required an answer, or on failure to answer, to have taken the bill pro confesso.
1. In considering the first question, we are to inquire: first — do the facts stated in the bill, entitle the complainant to *211the interposition of a Court of Equity ? Second — was the Clerk of the County Court, who accepted the bond, for the. prosecution of a writ of error, a necessary party to the bill ?
First — Our statutes, in…
2Cases cited5 opinions
- Crocker v. HigginsSupreme Court of Connecticut · 1829
- Foster v. WoodNew York Court of Chancery · 1822
- Shottenkirk v. WheelerNew York Court of Chancery · 1818
- Critchfield v. PorterOhio Supreme Court · 1828
- Botkin v. Commissioners of Pickaway CountyOhio Supreme Court · 1824
3Cited by13 opinions
- Gregory v. FordCalifornia Supreme Court · 1859
- Crafts v. DexterSupreme Court of Alabama · 1845
- Givens v. TidmoreSupreme Court of Alabama · 1845
- Gibbs v. FrostSupreme Court of Alabama · 1843
- Hauswirth v. SullivanMontana Supreme Court · 1886
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