Zavelo v. Goldstein
Supreme Court of Alabama
Appeal'from Jefferson Circuit Court. Heard before' Hon. E. C. Ckowe. Bill by B. Zavelo against J. Goldstein and another, to enjoin the enforcement of a judgment at law. From a decree dissolving the temporary injunction, complainant appeals.
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Appeal'from Jefferson Circuit Court. Heard before' Hon. E. C. Ckowe. Bill by B. Zavelo against J. Goldstein and another, to enjoin the enforcement of a judgment at law. From a decree dissolving the temporary injunction, complainant appeals. The bill is not one to obtain a new trial or to enjoin a judgment on account of mistake, but because it would be inequitable and unjust to enforce the judgment after payments had been made for which no credit was given. — Chandler v. Crawford, 7 Ala. 506; French v. Garner, 7 Port. 549; Chandler v. Lyon, 8 Ala. 35; "Norwood v. L. & N., 149 Ala. 151; 23 Cyc.…
1Opinion of the CourtDowdell, C. J.
The bill in this case is filed for the purpose of enjoining a judgment at law. A temporary injunction was issued, and the cause was heard on the motion to dissolve the temporary writ for want of equity in the bill, and on the denials in the sworn answers of the respondents. The chancellor, upon the hearing, dissolved the temporary writ of injunction, and for this decree the present appeal is prosecuted.
The bill alleges that, Zavelo being indebted to Gold-stein for the sum of $366.43 for goods purchased, Gold-stein brought five separate suits in a justice court for amounts aggregating said…
2Cases cited9 opinions
- Collier v. FalkSupreme Court of Alabama · 1880
- Hair v. LoweSupreme Court of Alabama · 1851
- Beadle v. Graham's Adm'rSupreme Court of Alabama · 1880
- Roebling Sons Co. v. Stevens Electric Co.Supreme Court of Alabama · 1890
- Tucker v. HolleySupreme Court of Alabama · 1852
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3Cited by2 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Oden v. KingSupreme Court of Alabama · 1927