Rice & Wilson v. Tobias
Supreme Court of Alabama
(1.) Tbe equity of tbe bill rested on its allegation of two distinct facts, one of wbicb was positively denied in tbe answer; and tbis denial leaving it without equity, tbe injunction ought to have been dissolved. — Rogers v. Bradford, 29 Ala. 474; Brooks v. Diaz, 35 Ala. 597; Weems v. Weems, 73 Ala. 462; Hogan v. Br.
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(1.) Tbe equity of tbe bill rested on its allegation of two distinct facts, one of wbicb was positively denied in tbe answer; and tbis denial leaving it without equity, tbe injunction ought to have been dissolved. — Rogers v. Bradford, 29 Ala. 474; Brooks v. Diaz, 35 Ala. 597; Weems v. Weems, 73 Ala. 462; Hogan v. Br. Bank, 10 Ala. 485. (2.) Tbe order for a trial by jury was unauthorized and erroneous. — Adams v. Mtmt.er, 74 Ala. 341; Johnston’s Adm’r v. Hainesworth, 6 Ala. 451; Atwood v. Smith, 11 Ala. 911. Appeal from tlie City Court of Montgomery, in equity. Heard before tbe Hon. Thos. M.…
1Opinion of the CourtSomebyille, J.
Tbe bill is one in tbe nature of a bill for a new trial, to enjoin a judgment at law recovered by tbe appellants, Bice & Wilson, against tbe appellee, Tobias, and one Matthews. It avers two material facts, upon tbe truth of wbicb tbe equity of tbe bill depends: (1) that tbe judgment was obtained by default, without tbe service of any process on tbe complainant, who was defendant in tbe judgment; (2) that tbe debt, upon wbicb tbe judgment was rendered, bad been discharged by release, prior to tbe s recovery. The chancellor overruled a motion to dissolve tbe injunction, based on tbe denials of…
2Cases cited12 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Cromelin v. McCauleySupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Gill v. MoreSupreme Court of Alabama · 1917
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1889
- Lucas v. ScottSupreme Court of Alabama · 1945
- McDonald v. CawhornSupreme Court of Alabama · 1907
11 more not listed; retrieve them via the Exa API.