Middleton v. Foshee
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Bill by J. H. Middleton against E. H. Foshee to enforce an equitable set off against a judgment at law. Decree for respondent, and complainant appeals.
1Opinion of the CourtSayre, J.
The bill in this cause was filed on the equity side of the circuit court of Chilton county to secure the benefit of a set-off against a judgment defendant had obtained against complainant. Complainant avers that his claim was a valid and subsisting claim against defendant at the time the latter filed his suit in the law court and at the time the judgment was rendered. He *266also avers that defendant was and is insolvent. The court below sustained a demurrer to the bill and ordered the dissolution of the injunction, suspending execution of the judgment, which had been granted upon the filing of…
2Cases cited16 opinions
- International Agri. Cor. v. AbercrombieSupreme Court of Alabama · 1913
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Holley v. YoungeSupreme Court of Alabama · 1855
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- White v. WigginsSupreme Court of Alabama · 1858
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3Cited by8 opinions
- Hanover Fire Ins. Co. v. StreetSupreme Court of Alabama · 1934
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Stewart v. BurginSupreme Court of Alabama · 1929
- Adams v. Alabama Lime Stone CorporationSupreme Court of Alabama · 1930
- Jegglin v. OrrMissouri Court of Appeals · 1930
3 more not listed; retrieve them via the Exa API.