Beavers v. Smith
Supreme Court of Alabama
Error to the Chancery Court of Talladega. The bill was filed by the defendant in error, widow of Benjamin Smith, to obtain dower in certain lands situate in Talladega. The bill alledges the marriage of herself and husband in South Carolina. The removal to this State by her husband, bringing her and the children of the marriage, with him.
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Error to the Chancery Court of Talladega. The bill was filed by the defendant in error, widow of Benjamin Smith, to obtain dower in certain lands situate in Talladega. The bill alledges the marriage of herself and husband in South Carolina. The removal to this State by her husband, bringing her and the children of the marriage, with him. The settlement in Talladega, and purchase by the husband of certain lands which are described, upon which it is alledged valuable improvements were made, including a water mill, The defendants Beavers and Jemison, answered the bill, denying all knowledge of…
1Opinion of the CourtOrmond, J.
Although this court has appellate jurisdiction only, it may nevertheless restrain the action of its suitors, upon facts ascertained, and made known to it, from the general power vested in all courts, of preventing the abuse of its process, and of the means provided for the administration of justice. The cases of Hall v. Hrabrowski, 9 Ala. 278, and Bradford v. Bush, at the last term, are instances of the exercise of this power.
But this court can only act in such cases where the fact is admitted, or where its truth is inferrible from its not being denied. Having no original jurisdiction, it…
2Cases cited3 opinions
- Herbert & Others v. WREN & OTHERSSupreme Court of the United States · 1813
- Hall v. HrabrowskiSupreme Court of Alabama · 1846
- Alsberry v. HawkinsCourt of Appeals of Kentucky · 1839
3Cited by28 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- State ex rel. Phelps v. JacksonSupreme Court of Vermont · 1907
- Potier & McCoy v. BarclaySupreme Court of Alabama · 1849
- Springle's Heirs v. ShieldsSupreme Court of Alabama · 1850
- Martin v. WhartonSupreme Court of Alabama · 1863
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