Legal Opinion

Norman v. Burns

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 25 opinions

Bill in Equity for Belief against Judgment at Law. Appeal from Talladega Chancery Court. Tried before Hon. N. S. Graham. This was a bill in equity, aud sought to perpetually enjoin a judgment at law, in favor of Norman et al. against Burns.

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Bill in Equity for Belief against Judgment at Law. Appeal from Talladega Chancery Court. Tried before Hon. N. S. Graham. This was a bill in equity, aud sought to perpetually enjoin a judgment at law, in favor of Norman et al. against Burns. The respondents answered denying the material allegations of the bill, and they also interposed a demurrer ou the ground: 1. That the bill failed to show any facts which entitled the complainant to the relief sought thereby. 2. Because the bill showed that the complainant bad failed to make any defense in the court of law, and failed to show a good and…

1Opinion of the CourtBrickell, C. J.

— The object of the original bill, in which the appellee is complainant, is to obtain relief from a judgment at law, rendered in favor of the appellants, Norman and S. L. Martin, in the Circuit Court of Talladega county, and against the appellee, as survivor of the late firm of Burns & McCain. The judgment is founded on a debt owing by Burns & McCain to S. L.. & B. R. Martin, for tobacco by them sold and delivered to Burns & McCain. The original existence and justness of the debt is not disputed, but it is averred that before the commencement of the suit at law, it was paid in full to B. R.…

2Cases cited4 opinions

  1. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
  2. French v. GarnerSupreme Court of Alabama · 1838
  3. Mock v. CundiffSupreme Court of Alabama · 1837
  4. Drew v. HayneSupreme Court of Alabama · 1845

3Cited by25 opinions

  1. Hendley v. ChabertSupreme Court of Alabama · 1914
  2. Ex parte HayesSupreme Court of Alabama · 1890
  3. Williams v. TylerAlabama Court of Appeals · 1916
  4. Spencer v. SpencerSupreme Court of Alabama · 1950
  5. Barton v. Burton Mfg. Co.Supreme Court of Alabama · 1918

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