Perrine v. Carlisle
Supreme Court of Alabama
ERROR to the Chancery .Court o'f Mobile. Tried before the Hon. J. W. Lesesne. The -allegations of the bill are, that 'Perrine -'became accommodation endorser on a certain bill of exchange for Riha, Sykes & Co., and loft it with them to be used at its par vahte; that Riha, Sykes & Co., becoming embarrassed, sold the bill at a heavy discount' to Carlisle ; that' Carlisle sued Perrine and Riha, Sykes & Co. on the bill, 'and recovered judgment; that Perrine had no knowledge,…
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ERROR to the Chancery .Court o'f Mobile. Tried before the Hon. J. W. Lesesne. The -allegations of the bill are, that 'Perrine -'became accommodation endorser on a certain bill of exchange for Riha, Sykes & Co., and loft it with them to be used at its par vahte; that Riha, Sykes & Co., becoming embarrassed, sold the bill at a heavy discount' to Carlisle ; that' Carlisle sued Perrine and Riha, Sykes & Co. on the bill, 'and recovered judgment; that Perrine had no knowledge, until after the rendition of the judgment, of the manner in which Carlisle obtained the bill, but supposed that he had…
1Opinion of the Court
DARGAN, C. J:.
As the defences setup to tbe debt anteri- or to the judgment at law are purely legal, the question is,, whether this court-, has jurisdiction to afford the relief that the court of law was fully competent to give. The established doctrine of this court is, that equity will not interfere after a judgment at law, unless the party can impeach the justice of the judgment on grounds of which equity alone can take cognizance,, and if the defence to the judgment, could have been made at law,the party must then show that he was prevented from making it by fraud, accident, or'the act of…
2Cases cited3 opinions
- Stinnett v. Branch of the Bank of the StateSupreme Court of Alabama · 1846
- Edwards v. LewisSupreme Court of Alabama · 1849
- Miller v. McMillanSupreme Court of Alabama · 1842
3Cited by11 opinions
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Moore v. LesueurSupreme Court of Alabama · 1858
- Crothers v. LeeSupreme Court of Alabama · 1856
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
- Roebling Sons Co. v. Stevens Electric Co.Supreme Court of Alabama · 1890
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