Drinkard v. Ingram
Texas Supreme Court
Error from Smith. Tried below before Hon. J. H. Reagan. This suit was brought by appellant to recover the amount of a judgment rendered in his favor against the appellees in the Circuit Court of Alabama. The suit in Alabama was trover to recover a negro slave, ■or his value ; two trials were had there.
Read the full summary
Error from Smith. Tried below before Hon. J. H. Reagan. This suit was brought by appellant to recover the amount of a judgment rendered in his favor against the appellees in the Circuit Court of Alabama. The suit in Alabama was trover to recover a negro slave, ■or his value ; two trials were had there. On the first, plaintiff recovered a judgment for $58 90, and the defendant asked for and obtained a new trial, and at the succeeding Term another trial was had and a verdict and judgment were rendered for plaintiff for $927 50. The appellees in their answer setup, “ that if any new trial was…
1Opinion of the CourtWheeler, J.
We are referred, on behalf of the appellant, to numerous decisions of the Supreme Court of Alabama, and to decisions of other Courts, for the doctrine that after judgment has been recoverd at law, a Court of Chancery will not interfere to afford relief against the judgment, on account of matter which would have been a good defence at law, unless the defendant in the judgment was ignorant of the fact in question, or was prevented from availing himself of the defence, by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part; that the party seeking the…
2Cited by37 opinions
- Redus v. BurnettTexas Supreme Court · 1883
- McFarland v. ReynoldsCourt of Appeals of Texas · 1974
- Dreeben v. SidorCourt of Appeals of Texas · 1952
- Bates v. First National Bank of WacoCourt of Appeals of Texas · 1973
- Dudley v. LawlerCourt of Appeals of Texas · 1971
32 more not listed; retrieve them via the Exa API.