Weems v. Weems
Supreme Court of Alabama
Appeal from Cherokee Chancery Court. Heard before Hon. N. S. G-RAi-rAM. This-was a bill in equity by Joel Weems, Moses W. Maddux and Janies H. Savage against Asa Weems, seeking to enjoin a judgment at law obtained by Asa Weems against Joel Weems, and an execution issued against the said Joel, and Moses W. Maddux and James H. Savage, as sureties on a supersedeas bond, executed for the purpose of an appeal from said judgment to this court, on affirmance here of said judgment.
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Appeal from Cherokee Chancery Court. Heard before Hon. N. S. G-RAi-rAM. This-was a bill in equity by Joel Weems, Moses W. Maddux and Janies H. Savage against Asa Weems, seeking to enjoin a judgment at law obtained by Asa Weems against Joel Weems, and an execution issued against the said Joel, and Moses W. Maddux and James H. Savage, as sureties on a supersedeas bond, executed for the purpose of an appeal from said judgment to this court, on affirmance here of said judgment. According to the averments of the bill, the mind of Joel Weems having become “disordered and deranged,” he was, on 15th…
1Opinion of the CourtSomeryille, J.
— This appeal is from an interlocutory decree of the chancellor, dissolving an injunction which was-procured to enjoin a judgment at law, rendered in favor of the appellee against Joel Weems, one of the appellants, a non compos, who defended by his guardian.
An injunction may be dissolved, either because the answer denies the facts on which the equity of the bill rests, or because the bill is wanting in equity, assuming all the facts alleged to be true. — Miller v. Bates, 35 Ala. 580; Bishop v. Wood, 59 Ala. 253. The chancellor does not seem to have considered the equity of the bill, but…
2Cases cited11 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Norman v. BurnsSupreme Court of Alabama · 1880
- Collier v. FalkSupreme Court of Alabama · 1880
- Rembert v. BrownSupreme Court of Alabama · 1850
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3Cited by9 opinions
- Cunningham v. WoodSupreme Court of Alabama · 1932
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
- Hardeman v. DonagheySupreme Court of Alabama · 1910
- Stuart v. StricklandSupreme Court of Alabama · 1919
4 more not listed; retrieve them via the Exa API.