Hooper v. Hardie
Supreme Court of Alabama
Appeal from the Chancery Court of Russell. Heard before the Hon. Jno. A. Foster. This was a bill in equity, filed on August 6th, 1883, by Robert F. Hardie against Geo.
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Appeal from the Chancery Court of Russell. Heard before the Hon. Jno. A. Foster. This was a bill in equity, filed on August 6th, 1883, by Robert F. Hardie against Geo. D. and G. W. Hooper, D. B. Mitchell and others, and sought to review and reverse, on the ground of error apparent, a decree which said court had rendered on November 19th, 1867, in a canse wherein the said I). B. Mitchell, as administrator de bonis non of Robert Hardie, deceased, was complainant, and the widow of said Hardie and two minor heirs (one of whom was the present complainant) were, with others, defendants. The object…
1Opinion of the CourtStone, C. J.
There is nothing in the objection that tin's bill was not filed in time. — Code of 1S7(5, § 3843. The present bill was filed in less than three years after the complainant became of age. The amendment afterwards made and allowed did not annul or abrogate the filing, which was done August 6, 1883 ; several days before the three years limit after Ilardie became of age.
Nor was it necessary that the bill should set forth in what respect the complainant was injured by the first decree, if there was error apparent on the face of it. According to the averments of the bill, and they are sustained by…
2Cases cited2 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Marler v. StateSupreme Court of Alabama · 1880
3Cited by6 opinions
- Mudd v. LanierSupreme Court of Alabama · 1945
- Turner v. TurnerSupreme Court of Alabama · 1915
- Mitchel v. HardieSupreme Court of Alabama · 1887
- Conway v. ClarkSupreme Court of Alabama · 1912
- Russell v. MitchellSupreme Court of Alabama · 1958
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