Stinnett v. Branch of the Bank of the State
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Talladega. The plaintiffs in error alledge in their bill, that the Branch of the State Bank at Mobile, recovered a judgment at the fall term of the Circuit Court of Mobile, against them and one ^imeon Douglass, for the sum of $>370, besides costs. 'This judgment purports to have been rendered on anote, subscribed with the names of Douglass and the complainants, which the latter affirm is not their act, and never was made or…
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Writ of Error to the Court of Chancery sitting in Talladega. The plaintiffs in error alledge in their bill, that the Branch of the State Bank at Mobile, recovered a judgment at the fall term of the Circuit Court of Mobile, against them and one ^imeon Douglass, for the sum of $>370, besides costs. 'This judgment purports to have been rendered on anote, subscribed with the names of Douglass and the complainants, which the latter affirm is not their act, and never was made or ratified by them. Some short time previous to the term of the court, when the judgment was rendered, a notice was served…
1Opinion of the CourtCollier, C. J.
We think it perfectly clear,'that the complainants did not adopt such measures of active diligence in defending themselves against the suit of the Bank, as the law requires, in order to entitle them to relief in equity. It is not alledged that they deputed Douglass as their agent, to defend the motion which the notice indicated would be made by the Bank against them. He- did undertake to go to Mobile and make defence, but he assured the complainants there was a mistake in the notice, that the note was not genuine, and he would go and have the mdsialce corrected, and the *123matter arranged and…
2Cases cited1 opinion
- Lee v. Insurance Bank of ColumbusSupreme Court of Alabama · 1841
3Cited by14 opinions
- Waldrom v. WaldromSupreme Court of Alabama · 1884
- Hanover Fire Ins. Co. v. StreetSupreme Court of Alabama · 1934
- Broda v. GreenwaldSupreme Court of Alabama · 1880
- Perrine v. CarlisleSupreme Court of Alabama · 1851
- Plummer v. PowerTexas Supreme Court · 1867
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