Goldsmith v. Stetson & Co.
Supreme Court of Alabama
Appeal from tbe Chancery Court at Mobile. Heard before the Hon. M. J. Saeeold. The bill in this case was filed, on the 25th August, 1857, by M. S. Stetson & Co., against Meyer Goldsmith and others ; and sought to perpetually enjoin a judgment at law, which said Goldsmith had obtained against the complainants, or, if that could not be done, then to set off against said judgment another judgment, which the complainants had obtained against him.
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Appeal from tbe Chancery Court at Mobile. Heard before the Hon. M. J. Saeeold. The bill in this case was filed, on the 25th August, 1857, by M. S. Stetson & Co., against Meyer Goldsmith and others ; and sought to perpetually enjoin a judgment at law, which said Goldsmith had obtained against the complainants, or, if that could not be done, then to set off against said judgment another judgment, which the complainants had obtained against him. Goldsmith’s judgment against the complainants, which was for $5,000, was rendered in the circuit court of Mobile, in May, 1856, and was affirmed by the…
1Opinion of the CourtStone, J.
We do not think the complainants make a case for an injunction of this entire cause, on the ground of fraud in obtaining the judgment. In fact, we think that much was in effect settled when the case was formerly here, on appeal from the order dissolving the injunction. We then employed the following language: “The matters relied on for an injunction oí the luhole of it, if available any where, were in their nature available at law. It is not established that the complainants were prevented from availing themselves of those matters, at law, by fraud, accident, or the act of the. opposite…
2Cases cited15 opinions
- Wightman v. KarsnerSupreme Court of Alabama · 1852
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Wray's Adm'rs v. FurnissSupreme Court of Alabama · 1855
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- Butler v. WaltonAlabama Court of Appeals · 1951