Arnold v. Sheppard
Supreme Court of Alabama
Wb.it of error to the Court of Chancery of thj the Southern Division. The bill is by Arnold against Sheppard, who isj resident of Texas. The service was perfected in a newspaper, and by notice upon the courthous§ manner required by statute. The bill asserts, that Sheppard has commenced a suit against Arnold in the circuit court of Lowndes county, upon a note which was previously fully paid and satisfied.
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Wb.it of error to the Court of Chancery of thj the Southern Division. The bill is by Arnold against Sheppard, who isj resident of Texas. The service was perfected in a newspaper, and by notice upon the courthous§ manner required by statute. The bill asserts, that Sheppard has commenced a suit against Arnold in the circuit court of Lowndes county, upon a note which was previously fully paid and satisfied. The payment is alleged to have been made to the defendant at a time and place stated in the bill, and received by him under a promise that the note should be destroyed. The prayer is for a…
1Opinion of the CourtGoldthwaite, J.
1. We arc satisfied, that the decree of the chancellor dismissing this bill, ought not to be sustained. The act of 1805, entitled an act empowering courts of equity to proceed against absent defendants, [Clay’s Digest. 352, § 44 to 49,] was intended to invest those courts with full jurisdiction of such defendants, and is as effectual in cases where the object of *301the bill is discovery merely, to rid in the prosecution or defence of a suit pending in any of the courts of law of the State, as it would be in cases where relief was sought by a citizen of the State, or with respect to property…
2Cases cited2 opinions
- Levert v. RedwoodSupreme Court of Alabama · 1839
- Wilkins v. WilkinsSupreme Court of Alabama · 1837
3Cited by6 opinions
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
- Sugar Factories Const. Co. v. FiesSupreme Court of Alabama · 1925
- Jones v. BeverlySupreme Court of Alabama · 1871
- Wellborn v. TillerSupreme Court of Alabama · 1846
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