Wright v. Phillips
Supreme Court of Alabama
Appeal from tbe Chancery Court of Russell. Heard before tbe Hon. N. S. Graham. Tbe bill in tbis case was filed on tbe 19tb October, 1875, by Orville Phillips and others, residents of New York, Ohio, and Kansas, and distributees of tbe estate of James Wright, deceased, against W. H. Chambers, as tbe administrator of said decedent, William H. Wright, James Wright, and James W. Phillips; the three persons last named being also distributees of said estate.
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Appeal from tbe Chancery Court of Russell. Heard before tbe Hon. N. S. Graham. Tbe bill in tbis case was filed on tbe 19tb October, 1875, by Orville Phillips and others, residents of New York, Ohio, and Kansas, and distributees of tbe estate of James Wright, deceased, against W. H. Chambers, as tbe administrator of said decedent, William H. Wright, James Wright, and James W. Phillips; the three persons last named being also distributees of said estate. It sought to remove the administration and settlement of said estate from the Probate Court of Chambers county, which had granted the letters…
1Opinion of the CourtManning, J.
A main object of the bill in this cause is, to restrain by injunction the execution of a decree of a court of chancery. Is this allowable, according to the practice of that court ? High, in his work on Injunctions (§161), says : “ It may be stated, as a general rule, that equity will not enjoin its own proceedings, and that a decree of a court of equity will not be restrained. The rule is based on the obvious reason, that, by enjoining its own decrees, the court would thereby declare that to be improper and wrong, which it had previously declared to be proper and right.” The author ought,…
2Cases cited10 opinions
- Parsons v. . LymanNew York Court of Appeals · 1859
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Colbert v. DanielSupreme Court of Alabama · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Phillips v. PhillipsSupreme Court of Alabama · 1925
- McCarty v. RobinsonSupreme Court of Alabama · 1930
- Payne v. Washington CountySupreme Court of Florida · 1889
- Anderson v. MullenixTennessee Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.