Broda v. Greenwald
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 18th June, 1878, by Jacob Broda, against Moses Greenwald; and sought a restatement of the accounts of a late partnership existing between the parties, and an injunction of a judgment at law which the defendant had obtained against the complainant, for a balance ascertained to be due on a settlement of their accounts as stated by one Gassenheimer.
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Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 18th June, 1878, by Jacob Broda, against Moses Greenwald; and sought a restatement of the accounts of a late partnership existing between the parties, and an injunction of a judgment at law which the defendant had obtained against the complainant, for a balance ascertained to be due on a settlement of their accounts as stated by one Gassenheimer. The partnership between the parties, as the bill alleged, was formed on the 28th August, 1874, and continued until January, 1876, when…
1Opinion of the CourtStone, J.
When appeal is made to the Chancery Court, by a defendant in a judgment at law, to be relieved therefrom, on the ground that he had a valid legal defense to the claim, he must show not only that he had such defense, and was prevented from making it by surprise, accident, mistake or fraud, but he must, in addition to that, show that the prevention was without fault on his part. If he lost the opportunity of making his defense, by the neglect, inattention or mistaken counsel of his own attorney, without any fraud or unfairness of the adverse party, it is, in law, as between him and the adverse…
2Cases cited7 opinions
- Ex parte NorthSupreme Court of Alabama · 1873
- Stinnett v. Branch of the Bank of the StateSupreme Court of Alabama · 1846
- Pharr v. ReynoldsSupreme Court of Alabama · 1842
- Shields v. BurnsSupreme Court of Alabama · 1858
- Morrow v. RileySupreme Court of Alabama · 1849
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3Cited by18 opinions
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- Abbott v. HurstSupreme Court of Alabama · 1994
- BROADMOOR RLTY., INC. v. First Nationwide BankSupreme Court of Alabama · 1990
- Stuart v. StricklandSupreme Court of Alabama · 1919
- Diamond v. AronovSupreme Court of Alabama · 1993
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