Ex parte Bibb
Supreme Court of Alabama
This was a motion for a rule nisi to issue to the circuit court of Montgomery, to show cause why a mandamus should not be issued to compel said court to declare void, vacate and set aside, a certain judgment (more fully set out in the opinion), and to grant a new trial, &c., and for such other remedial writ or process, as might be necessary, the court below having refused to set aside said judgment, &c.
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This was a motion for a rule nisi to issue to the circuit court of Montgomery, to show cause why a mandamus should not be issued to compel said court to declare void, vacate and set aside, a certain judgment (more fully set out in the opinion), and to grant a new trial, &c., and for such other remedial writ or process, as might be necessary, the court below having refused to set aside said judgment, &c. The facts upon which the application was based, as well as those in relation to the order of the court suspending a sale of the property, upon executions issued on the judgment sought to be…
1Opinion of the CourtPeters, J.
The facts upon which the determination of this case depends, are these :
On the 3d day of May, 1861, Howell Rose brought suit against J. F. Jackson, Thomas J. Judge, William O. Bibb, and Benajah S. Bibb, in a court styled in the record, the circuit court, in the county of Montgomery, in the State of Alabama. This suit purports to have been instituted for the recovery of twenty-five thousand dollars, due and owing on a bill of exchange, drawn by the above defendants and accepted by Thomas H. Watts and William H. Rives, and dated March 27th, 1860, and payable twenty months after date thereof to…
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