Cullum v. Casey & Co.
Supreme Court of Alabama
Error to the Circuit Court sitting at Mobile. THIS was a bill in chancery, filed by the plaintiff1 in error against the defendant in error, in the Chancery Court for the Southern Division, sitting at Mobile.
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Error to the Circuit Court sitting at Mobile. THIS was a bill in chancery, filed by the plaintiff1 in error against the defendant in error, in the Chancery Court for the Southern Division, sitting at Mobile. The bill charges, that the complainant, at the instance of Brown & Cawley, agreed to become the first endorser of a bill for four thousand dollars, for their accommodation, to be drawn by them, on a house in New York; and with the express understanding, that it was to be sold to the agent of the Bank of the United States, at Mobile; that the agent of the Bank refused to purchase, of which…
1Opinion of the CourtOrmond, J.
— The principal question in this case, visit ■ whether the decree was made at a proper term of the court, is one of considerable importance, from the number of cases depending on it.
The act to organize and establish separate Courts of Chancery, passed January 26th, 1839, provides, that the Court3 of Chancery shall be held twice a year, in each district: ‘*In the city of Mobile, on the second Mondays of May and November, in each and every year, and continue in session three weeks, unless the business be sooner disposed of.”
Previous to the passage of this law, the Judges of the Circuit Court…
2Cases cited3 opinions
- French v. GarnerSupreme Court of Alabama · 1838
- M'Grew v. Tombeckbee BankSupreme Court of Alabama · 1837
- Mock v. CundiffSupreme Court of Alabama · 1837
3Cited by11 opinions
- Ex parte Branch & Co.Supreme Court of Alabama · 1879
- Wightman v. KarsnerSupreme Court of Alabama · 1852
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
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