Byrne v. McDow
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. The bill was filed by William L. McDow, the appellee, to enjoin a certain action at law instituted against him by the appellant, William Byrne, as administrator of Josiah Thomas, deceased.
Read the full summary
Appeal from the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. The bill was filed by William L. McDow, the appellee, to enjoin a certain action at law instituted against him by the appellant, William Byrne, as administrator of Josiah Thomas, deceased. The casojnade by the hill is this: One Jacob Alford, as principal, and one Achilles Edwards, surety, made their joint note to one Josiah Thomas, for the sum of $2875, payable on the 1st day of January, A. D. 1886.— The said makers of the note were then residents of Greene County, and the said Thomas a resident of the State of…
1Opinion of the CourtGibbons, J.
It seems to be the settled doctrine of the United States courts, in actions at law on contracts, to disregard pleas of the insolvency of the estate against which $he *410actions ai-e pending. Such pleas, when founded upon decrees of courts of probate, or courts of ordinary of the several States, constitute no defence against the recovery of a judgment on the debt in suit.—Suydam et al. v. Broadnax et al., 14 Peters 61. But, whilst this is true of the United States courts of law,' it is otherwise in their courts of equity, and a judgment rendered against such an estate, notwithstanding the…
2Cases cited1 opinion
- Commercial & Railroad Bank of Vicksburg v. Slocomb, Richards & Co.Supreme Court of the United States · 1840
3Cited by1 opinion
- Lambert v. MallettSupreme Court of Alabama · 1873