Rice & Wilson v. Tobias
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the Mth October, 1886, by W. W. Tobias, against Bice & Wilson, a partnership; and sought to perpetually enjoin a judgment at law which the defendants had obtained against said Tobias and S. B. Matthews, as late partners doing business under the name of Matthews & Tobias.
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Appeal from the City Court of Montgomery, in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the Mth October, 1886, by W. W. Tobias, against Bice & Wilson, a partnership; and sought to perpetually enjoin a judgment at law which the defendants had obtained against said Tobias and S. B. Matthews, as late partners doing business under the name of Matthews & Tobias. The bill alleged, as grounds of relief against this judgment, that the complainant was not served with process in the suit, and had no notice of it, and that he had a valid defense to the action,…
1Opinion of the CourtMcCLELLAN, J.
When this case was here on a former appeal, it was settled, that the equity of the bill depended upon the establishment of two facts: (1) that the judgment sought to be enjoined was taken by default, without the service of any process on the complainant, Tobias, who was a defendant in the judgment; (2) that the debt upon which the judgment was rendered had been discharged by release prior to the recovery.—Rice & Wilson v. Tobias, 83 Ala. 348. On a second hearing in the City Court, the chancellor found the existence of both of these facts, and rendered a final decree perpetually enjoining the…
2Cases cited3 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1887
- Binford's Adm'r v. DementSupreme Court of Alabama · 1882
3Cited by20 opinions
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- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Jasper Land Co. v. City of JasperSupreme Court of Alabama · 1930
- Gray v. HandySupreme Court of Alabama · 1920
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