Legal Opinion

Kanape v. Reeves

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 3 opinions

Appeal from tbe Chancery Court of Barbour. Heard before the Hon. William L. Parks. The bill in this case was filed by the appellee against the appellant. The averments of the bill and the purpose thereof are sufficiently stated in the opinion. On the filing of the bill a temporary injunction was issued. The defendant filed a sworn answer denying .the material averments of the bill, and moved to dissolve the injunction upon the sworn denials contained in the answer.

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Appeal from tbe Chancery Court of Barbour. Heard before the Hon. William L. Parks. The bill in this case was filed by the appellee against the appellant. The averments of the bill and the purpose thereof are sufficiently stated in the opinion. On the filing of the bill a temporary injunction was issued. The defendant filed a sworn answer denying .the material averments of the bill, and moved to dissolve the injunction upon the sworn denials contained in the answer. The defendant also moved to dismiss the bill for the want of equity, and demurred to the bill upon the grounds, 1st, that the…

1Opinion of the CourtTyson, J.

This bill was filed for the purpose of enjoining a judgment at law. The facts as alleged upon which the equities of the bill are predicated are these: On the day of the term of court on which the judgment was rendered complainant was sick and had been for some time prior thereto. In consequence of this illness she was unable to employ counsel to represent her. So she procured her husband, who is not a laAvyer, to attend each day’s sitting of the court for the purpose of making application for a continuance of the case, having with him a certificate of her physician as to her physical…

2Cases cited3 opinions

  1. Pharr v. ReynoldsSupreme Court of Alabama · 1842
  2. Campbell v. WhiteSupreme Court of Alabama · 1884
  3. Owen v. GersonSupreme Court of Alabama · 1898

3Cited by3 opinions

  1. Alabama Independent Service Station Ass'n v. McDowellSupreme Court of Alabama · 1942
  2. A-OK CONST. v. Castle Const.Supreme Court of Alabama · 1992
  3. Ex Parte LamberthSupreme Court of Alabama · 1942

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