Hoffman v. Sewell
Supreme Court of Alabama
Bill to Cancel Decree. Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. Bill by N. B. Sewell and. others against Frances 0. Hoffman and others. From a decree denying a motion to dismiss for want of equity and overruling demurrers to the bill, defendants appeal.
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Bill to Cancel Decree. Appeal from Elmore Chancery Court. Heard before Hon. W. W. Whiteside. Bill by N. B. Sewell and. others against Frances 0. Hoffman and others. From a decree denying a motion to dismiss for want of equity and overruling demurrers to the bill, defendants appeal. The case made by the bill is that there was a suit pending in the chancery court, wherein appellants were complainants and appellees were respondents, seeking to set aside a tax deed and for an accounting and partition ; that pending said suit, and while the same was in the hands of the chancellor on submission in…
1Opinion of the CourtMcCLELLAN, J.
— Appeal from a decree denying mo-
tion to dismiss for want of equity and overriding demurrers. In our opinion the appellees have mistaken the method of their remedy, which should have been by petition in the pending case, to which they are respondents. Where the object is to' prevent the execution of a decree because of matters outside of, though relatd to, the case in which the decree was rendered, the proper method is by petition for a restraining order, or an order to suspend proceedings in the cause,, upon security given.—Wright v. Phillips, 56 Ala. 69; McGlathery v. Richardson, 129 Ala.…
2Cases cited2 opinions
- Wright v. PhillipsSupreme Court of Alabama · 1876
- Larkin v. MasonSupreme Court of Alabama · 1881
3Cited by2 opinions
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1907
- Ex Parte RobertsonSupreme Court of Alabama · 1937