Crafts v. Dexter
Supreme Court of Alabama
Error to the Chancery Court at Montgomery. ■ The bill-was filed by the defendant in error, and alledges, that on the 24th April, 1838, the Selma and Tennessee Rail Road Company being indebted to him,-he drew'a bill of exchange upon Gilbert Shearer, its president, in favor of one Henry Lazarus, for the payment of $ 1276 89, on the first of January, 1839, negotiable and payable at the Bank of Mobile, which was duly accepted by Shearer.
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Error to the Chancery Court at Montgomery. ■ The bill-was filed by the defendant in error, and alledges, that on the 24th April, 1838, the Selma and Tennessee Rail Road Company being indebted to him,-he drew'a bill of exchange upon Gilbert Shearer, its president, in favor of one Henry Lazarus, for the payment of $ 1276 89, on the first of January, 1839, negotiable and payable at the Bank of Mobile, which was duly accepted by Shearer. That some time after the 26th April, 1843, he ascertained that a judgment had been rendered against him in the Circuit Court of Dallas, as the drawer of said…
1Opinion of the CourtOrmond, J.
The bill seeks to open a judgment obtained at law, upon the ground, that the writ was not served upon the defendant at law, by the sheriff, and tbat he had no notice that the suit was pending against him, until the judgment was obtained. That if he had been notified of the existence of the suit, he could have successfully defended against it. ‘ The writ having been returned executed by the sheriff, it has-been argued, that upon principles of public policy, the complainant must be remitted to his action against him.
It is certainly the general rule, that the Court gives credence *770to the acts of…
2Cases cited2 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Brooks v. HarrisonSupreme Court of Alabama · 1841
3Cited by25 opinions
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Chambers Bros. & Co. v. King Wrought-Iron Bridge ManufactorySupreme Court of Kansas · 1876
- Colson v. LeitchIllinois Supreme Court · 1884
- Smoot v. JuddSupreme Court of Missouri · 1901
- Andrews v. Huckabee's Adm'rSupreme Court of Alabama · 1857
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