National Fertilize Co. v. Hinson
Supreme Court of Alabama
Appeal from the Chancery Court of Geneva. ■ Heard before the Hon. Jebe N. Williams. The bill in this case was filed by the appellees against the appellant, and prayed to have a judgment, rendered against the complainants in favor of respondent vacated, and for the issuance of .an injunction restraining the enforcement of an execution issued upon such judgment, in the hands of the sheriff. Most of the allegations of the bill are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Geneva. ■ Heard before the Hon. Jebe N. Williams. The bill in this case was filed by the appellees against the appellant, and prayed to have a judgment, rendered against the complainants in favor of respondent vacated, and for the issuance of .an injunction restraining the enforcement of an execution issued upon such judgment, in the hands of the sheriff. Most of the allegations of the bill are sufficiently stated in the opinion. The alleged adequate defenses, which are- referred to in the opinion, are thus averred in the bill: “First. There was a failure of…
1Opinion of the CourtHead, J.
On January 16, 1892, at a special term of the circuit court of Geneva county, appellant recovered a judgment by default against appellees for the sum of $956.39, on a promissory note given for the price of fertilizers purchased. The summons and complaint were sued out in July, 1891. This bill was filed April 7th, 1893, to vacate that judgment, and for injunction against the enforcement of execution, in the hands of the sheriff, *534issued thereon. The alleged equity of the bill is that complainants had meritorious defenses to the action which they were prevented from making by the fraud of the…
2Cases cited12 opinions
- Collier v. FalkSupreme Court of Alabama · 1880
- Waldrom v. WaldromSupreme Court of Alabama · 1884
- Hair v. LoweSupreme Court of Alabama · 1851
- Ex parte WalkerSupreme Court of Alabama · 1875
- White v. RyanSupreme Court of Alabama · 1858
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3Cited by20 opinions
- Hendley v. ChabertSupreme Court of Alabama · 1914
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Gray v. HandySupreme Court of Alabama · 1920
- Hardeman v. DonagheySupreme Court of Alabama · 1910
- Alabama Chemical Co. v. HallSupreme Court of Alabama · 1926
15 more not listed; retrieve them via the Exa API.