Collier v. Falk
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan, Heard before the Hon. H. C. Speake. The bill in this case was filed on the 27th July, 1878, by William T. Collier and his wife, Margaret F. Collier, against Lewis M. Falk; and sought to enjoin the collection of a judgment which the defendant had obtained against the complainants, in the Circuit Court of said county, on the 26th April, 1876, and to set aside the award on which said judgment was founded.
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Appeal from the Chancery Court of Morgan, Heard before the Hon. H. C. Speake. The bill in this case was filed on the 27th July, 1878, by William T. Collier and his wife, Margaret F. Collier, against Lewis M. Falk; and sought to enjoin the collection of a judgment which the defendant had obtained against the complainants, in the Circuit Court of said county, on the 26th April, 1876, and to set aside the award on which said judgment was founded. Copies of the proceedings in the action at law, and of the submission and award, were made exhibits to the bill. The action at law was commenced on the…
1Opinion of the CourtSomeryille, J.
The principles upon which courts of equity will intervene, for the purpose of restraining the execution of a judgment at law, are now settled without a contrariety of opinion. It is not sufficient for the successful invocation of this jurisdiction, that the judgment or former decision was erroneous, or unjust, or contrary to equity and good conscience. However good or meritorious may be the defense, a party defendant is not excused for a negligent failure to present it by plea, demurrer, or otherwise, in a court of law. Courts of equity uniformly decline to interfere, unless upon the…
2Cases cited5 opinions
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Grigg v. GilmerSupreme Court of Alabama · 1875
- Kingsbury v. YniestraSupreme Court of Alabama · 1877
- Josiah Abbott & Co. v. DuttonSupreme Court of Vermont · 1872
3Cited by24 opinions
- Hendley v. ChabertSupreme Court of Alabama · 1914
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
- Hardeman v. DonagheySupreme Court of Alabama · 1910
- National Fertilize Co. v. HinsonSupreme Court of Alabama · 1893
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