Smith v. Moore
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. This bill was filed by Amos Moore, against William G. Smith and Thomas IP. Smith, for the purpose of subjecting to the satisfaction of a promissory note, held by the complainant on said William G. Smith, certain money and property in the hands of Thomas H. Smith, as trustee of William G. Smith.
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Appeal from the Chancery Court of Macon. Heard before the Hon. James B. Clark. This bill was filed by Amos Moore, against William G. Smith and Thomas IP. Smith, for the purpose of subjecting to the satisfaction of a promissory note, held by the complainant on said William G. Smith, certain money and property in the hands of Thomas H. Smith, as trustee of William G. Smith. The complainant’s demand was evidenced by a promissory note, executed by said William G. Smith on the 4th April, 1852, and payable on or before the 1st November next after date. The money or property in the hands of Thomas…
1Opinion of the CourtA. J. Walker, C. J.
The bill is filed by a simple-contract creditor, having no judgment or lien. The law is settled in this State, that the equity of the bill cannot be maintained upon the ground that the debtor resides in another State. — Saunders & McLaughlin v. Watson, 14 Ala. 198; Reese & Heylin v. Bradford, 13 Ala. 837. Nor can the equity of the bill be maintained upon the ground, that the court ought to take jurisdiction in analogy to the proceeding by attachment at law; for that doctrine applies only to cases where the complainant’s demand is equitable, or there is some special cause for *78equitable…
2Cases cited9 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
- Reese & Heylin v. BradfordSupreme Court of Alabama · 1848
- Sanders v. WatsonSupreme Court of Alabama · 1848
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3Cited by5 opinions
- Cawthorn v. JonesSupreme Court of Alabama · 1882
- Ware v. Seasongood, Menderson & Co.Supreme Court of Alabama · 1890
- Saunders v. CavettSupreme Court of Alabama · 1861
- Lyle v. SlegmanHawaii Supreme Court · 1922
- Remington Typewriter Co. v. HallSupreme Court of Alabama · 1913