McClure v. Colclough
Supreme Court of Alabama
Whit of Error to the Court of Chancery for the ninth district of the Southern Division. The bill in this case is filed by McClure, Cooper, Brown, Dans-by and Campbell, and alleges that Colelough, one of the defendants, at the fall term of the Circuit Court of Pike county, for the year 1837, recovered a judgment against McMahon & Evans, for $4089, on which $893 50-100 was paid the 28th February, 1838. On the 6th April, of the same year, a Ji. fa. on this judgment was issued,…
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Whit of Error to the Court of Chancery for the ninth district of the Southern Division. The bill in this case is filed by McClure, Cooper, Brown, Dans-by and Campbell, and alleges that Colelough, one of the defendants, at the fall term of the Circuit Court of Pike county, for the year 1837, recovered a judgment against McMahon & Evans, for $4089, on which $893 50-100 was paid the 28th February, 1838. On the 6th April, of the same year, a Ji. fa. on this judgment was issued, and placed in the hands of McRae, another defendant to the bill, as sheriff of Barbour county, to be executed. McRae…
1Opinion of the CourtGoldthwaite, J.
This bill sets out two grounds of supposed equity, upon which the complainants seek relief. The first is, that the neglect of the sheriff to return the execution, was induced by the agent and attorney of the plaintiff at law. The other is, that the bond, out of which the liability of the complainants is said to arise, was invalid in point of law.
1. The chancellor considered neither of these grounds, but dismissed the bill, under the impression that the complainants were precluded from coming into equity after the prosecution of the writ of error upon the judgment at law. Our opinion is, that…
2Cases cited2 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Apthorp v. NorthMassachusetts Supreme Judicial Court · 1817
3Cited by15 opinions
- Watts v. GayleSupreme Court of Alabama · 1852
- Albertson, Douglass & Co. v. GoldsbySupreme Court of Alabama · 1856
- Ragland v. Calhoun's Adm'rSupreme Court of Alabama · 1860
- Stone v. GoldbergAlabama Court of Appeals · 1912
- Arrington v. PorterSupreme Court of Alabama · 1872
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