Barnard v. Davis
Supreme Court of Alabama
Appeal from Chancery Court of Madison. Heard before Hon. H. C. Speake. This is an appeal under section 3439 of the Eevised Code, from an order of tbe chancellor dissolving a preliminary injunction, granted in the cause on filing the amended bill, upon the denials in the answers of the respondents.
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Appeal from Chancery Court of Madison. Heard before Hon. H. C. Speake. This is an appeal under section 3439 of the Eevised Code, from an order of tbe chancellor dissolving a preliminary injunction, granted in the cause on filing the amended bill, upon the denials in the answers of the respondents. The original bill, which was afterwards amended, was filed on the 28th of February, 1874, by the appellant, Henry Barnard, as assignee in bankruptcy of Zebulon P. Davis, against said Zebulon P., Williametta, his wife, and their son, G. L. Davis, and others. It is charged in the original and amended…
1Opinion of the Court
STONE, J.'
In Poor v. Carleton, 3 Sumner, 79, Mr. Justice Story lays down a rule for the admission of affidavits on a motion to dissolve an injunction on the denials of the answer, which is rather broader in some of its terms than the current of authorities will warrant. To leave it purely a matter of discretion with the chancellor whether or not he will hear ex parte affidavits in every case tried before him, is to declare no rule at all. The tendency of such practice would be to invite the experiment in every case where the practitioner thought he could strengthen his case by such…
2Cases cited5 opinions
- Long v. BrownSupreme Court of Alabama · 1843
- Rembert v. BrownSupreme Court of Alabama · 1850
- Roberts v. AndersonNew York Court of Chancery · 1816
- Morris v. Associates Finance Co. (In Re Morris)United States Bankruptcy Court, N.D. Illinois · 1981
- Young v. DumasSupreme Court of Alabama · 1863
3Cited by20 opinions
- Nelson v. HammondsSupreme Court of Alabama · 1911
- Lipscomb v. McClellanSupreme Court of Alabama · 1882
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Woodstock Operating Corporation v. QuinnSupreme Court of Alabama · 1918
- Donegan v. DavisSupreme Court of Alabama · 1880
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