Ex parte Walter Bros.
Supreme Court of Alabama
Application by petition to this court, for the writ of mandamus, or a rule nisi, directed to Hon. John A. Foster, presiding in the Chancery Court at Montgomery, commanding him to make, or to show cause why he should not make, an order in a cause pending in the Chancery Court of Montgomery, requiring J. T. May, the complainant in the original bill filed in said suit, to repay to Walter Brothers, defendants to the bill, and complainants in an “original bill in the nature of a…
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Application by petition to this court, for the writ of mandamus, or a rule nisi, directed to Hon. John A. Foster, presiding in the Chancery Court at Montgomery, commanding him to make, or to show cause why he should not make, an order in a cause pending in the Chancery Court of Montgomery, requiring J. T. May, the complainant in the original bill filed in said suit, to repay to Walter Brothers, defendants to the bill, and complainants in an “original bill in the nature of a cross bill” filed by them in that suit, a sum of money which Walter Brothers, the petitioners, had paid into court under…
1Opinion of the CourtMcCLELLAN, J.
We are unable to concur with counsel who appear against the application, that money paid on, and in obedience to a decree of the Chancery Court, can, in any case, be said to be paid voluntarily, in such sort as to preclude its recovery in the event of a reversal of the decree. We understand the law tobe settled to the contrary.—Cahaba v. Burnett, 34 Ala. 400, 407; Knox v. Abercrombie, 11 Ala. 997; Life Ins. Co. v. Stewart, 95 Ind. 588; Wright v. Aldrich, 60 N. H. 161; Hollingsworth v. Stone, 90 Ind. 244; Scholey v. Halsey, 72 N. Y. R. 578; Hiler v. Hiler, 35 Ohio St. 645.
*239We can conceive of no…
2Cases cited10 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Marks v. CowlesSupreme Court of Alabama · 1878
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Tarleton v. Goldthwaite's HeirsSupreme Court of Alabama · 1853
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
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3Cited by26 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- Johnson v. StateSupreme Court of Alabama · 1911
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- First Nat. Bank of Birmingham v. GarrisonSupreme Court of Alabama · 1937
- Carroll v. DraughonSupreme Court of Alabama · 1911
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