Givens v. Tidmore
Supreme Court of Alabama
Appeal from the Court of Chancery sitting at Jacksonville. In October, 1842, defendant in error filed his bill, setting forth that at the County Court of Benton, holden in July preceding, a judgment was rendered againnt him and one William Tidmore, in favor of Messrs. Herndon & Kelly, for the use of James A. Givens, for the sum of $1438 debt and damages, besides $14 06i costs. An execution was issued on- this judgment, which was levied on the complainant’s land.
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Appeal from the Court of Chancery sitting at Jacksonville. In October, 1842, defendant in error filed his bill, setting forth that at the County Court of Benton, holden in July preceding, a judgment was rendered againnt him and one William Tidmore, in favor of Messrs. Herndon & Kelly, for the use of James A. Givens, for the sum of $1438 debt and damages, besides $14 06i costs. An execution was issued on- this judgment, which was levied on the complainant’s land. Further, the judgment was recovered without any notice by the service of legal process or otherwise, given to the complainant, and…
1Opinion of the CourtCollier, C. J.
It does not appear, either by the bill, answers, or proof, that the record of the cause at law, shows that the process was not served on the complainant, but the fair inference is, that the record does not sustain the allegation of the bill, or the Chancellor would doubtless have noticed it in his decree. Be this as it may, the complainant was not bound to sue out a writ of error to reverse the judgment, that he might defend himself at law, but he might waive his legal remedy, if an appellate Court could have afforded one, and seek to annul the judgment against him through the medium of a…
2Cases cited5 opinions
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