Bibb v. Hitchcock
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The facts of tbis case were thus stated by Peters, C. J.: — “ This is a suit in chancery to set aside a judgment at law and permit a rehearing, on the ground that the promissory note, on which the judgment is founded, was without legal consideration, and void, as against the public policy.
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. Adam C. Felder. The facts of tbis case were thus stated by Peters, C. J.: — “ This is a suit in chancery to set aside a judgment at law and permit a rehearing, on the ground that the promissory note, on which the judgment is founded, was without legal consideration, and void, as against the public policy. The record shows that one Raley was a clerk in the post-office at Montgomery, Alabama, in 1868; and that Bibb, the appellant, was the postmaster. Raley, while such clerk, embezzled a considerable amount of funds deposited in…
1Opinion of the CourtPeters, C. J.
(After stating the facts as above set forth). A bill which seeks a rehearing in chancery, after a judgment in a court of law, must show a sufficient defence at law, of which the complainant could have availed himself, but was prevented from, doing so by some surprise, accident, mistake, or fraud, or by some act of the opposite party, unmixed with any fault or negligence on the part of the party complaining. M’Collum v. Prewett, 37 Ala. 573; Garrett et al. v. Lynch, Adm'r, 44 Ala. 683. In this case, there is no allegation or pretence of fraud, or act of the opposite party, which prevented the…
2Cases cited4 opinions
- Evans v. KeelandSupreme Court of Alabama · 1846
- Ross v. PearsonSupreme Court of Alabama · 1852
- McCollum v. PrewittSupreme Court of Alabama · 1861
- Garrett v. LynchSupreme Court of Alabama · 1870
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- United States Fidelity & Guaranty Co. v. CharlesSupreme Court of Alabama · 1901
- Maryland Casualty Co. v. HjorthWisconsin Supreme Court · 1925
- Blair Milling Co. v. FruitigerSupreme Court of Kansas · 1923
- Green v. Higgin Manufacturing Co.Court of Appeals for the D.C. Circuit · 1915
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