Evans v. Wilhite
Supreme Court of Alabama
Appeal from Cullman Chancery Court. . Heard before Hon. W. H. Simpson. Bill by Charles M. Evans against J. D. Wilhite, to set aside a judgment obtained in an action at law, and to enjoin its enforcement. Prom a decree dismissing the bill complainant appeals.
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Appeal from Cullman Chancery Court. . Heard before Hon. W. H. Simpson. Bill by Charles M. Evans against J. D. Wilhite, to set aside a judgment obtained in an action at law, and to enjoin its enforcement. Prom a decree dismissing the bill complainant appeals. There are but two questions involved in this case. 1st, does the evidence present a case which shows a meritorious defense to the •action at law? And 2nd, was appellant guilty of negligence which concurred with the fraud of appellee in producing the injury complained of. The pleadings were settled on the former appeal. — Evans v. Wilhite,…
1Opinion of the CourtMayfield, J.
This is a bill in equity to set aside a judgment in a court of law, because obtained by surprise, accident, mistake, or fraud. The equity of the bill was tested and settled on a former appeal, reported in 167 Ala. 587, 52 South. 845. As was held before in this case, and in Renfro Bros. v. Merryman, 71 Ala. 195, this and the statutory remedy provided in section 5372 of the Code are cumulative. The case was subsequently tried on the bill, answer, and proof, and the bill dismissed, and from such decree of dismissal the complainant prosecutes this appeal.
After a careful examination of the…
2Cases cited5 opinions
- Evans v. WilhiteSupreme Court of Alabama · 1910
- Norman v. BurnsSupreme Court of Alabama · 1880
- Collier v. FalkSupreme Court of Alabama · 1880
- Renfro Bros. v. Merryman & Co.Supreme Court of Alabama · 1881
- O'Bryan Bros. v. DavisSupreme Court of Alabama · 1893
3Cited by11 opinions
- Edmondson v. JonesSupreme Court of Alabama · 1920
- Fowler v. FowlerSupreme Court of Alabama · 1929
- Spencer v. SpencerSupreme Court of Alabama · 1950
- Timmerman v. MartinSupreme Court of Alabama · 1937
- Choctaw Bank v. DearmonSupreme Court of Alabama · 1931
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