Governor v. Barrow
Supreme Court of Alabama
Error to the Chancery Court of the 6th Chancery District, Before the Hon. A. Crenshaw. The defence at law was a good one, and it was defeated not by any fault or negligence on the part of the defendant. Is not this case, in principle, the same as though the defence at law had failed by reason of the loss of the receipts, without any negligence on the part of the defendant ? If so, then the decree is right.
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Error to the Chancery Court of the 6th Chancery District, Before the Hon. A. Crenshaw. The defence at law was a good one, and it was defeated not by any fault or negligence on the part of the defendant. Is not this case, in principle, the same as though the defence at law had failed by reason of the loss of the receipts, without any negligence on the part of the defendant ? If so, then the decree is right. Judge Story, in his Commentaries on Equity, says, if a judgment is recovered at law, by reason of the loss of a receipt, &c., which is afterwards, found, chancery will enjoin the judgment,…
1Opinion of the CourtChilton, J.
The only question presented by the record in this case is, whether the chancery court should entertain jurisdiction of a bill to enjoin a judgment at law, upon the ground that the defendant at law failed to establish his defence by reason of the failure of a witness introduced by him, to prove certain payments. The witness, who was called by the defendant to show that certain receipts were paid in money, testified that they had been paid in jury certificates, by reason of which mistake of the witness, the party lost the benefit of such payments. It is insisted, that as the defence at law was…
2Cases cited6 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Smith v. LowryNew York Court of Chancery · 1814
- Stinnett v. Branch of the Bank of the StateSupreme Court of Alabama · 1846
- Mock v. CundiffSupreme Court of Alabama · 1837
- Drew v. HayneSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- DeSota Coal Min. & Dev. Co. v. HillSupreme Court of Alabama · 1915
- Powell v. StewartSupreme Court of Alabama · 1850
- Norris v. CottrellSupreme Court of Alabama · 1852