Beadle v. Graham's Adm'r
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 5th April, 1881, by Joshua H. Beadle, against the personal representative of Thomas Graham, deceased; and sought to enjoin the collection of a judgment, which said administrator had obtained against the complainant, in the Circuit Court of Madison, and which was affirmed by this court on appeal, a few days before the bill was filed, as shown by the report of…
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Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham. The bill in this case was filed on the 5th April, 1881, by Joshua H. Beadle, against the personal representative of Thomas Graham, deceased; and sought to enjoin the collection of a judgment, which said administrator had obtained against the complainant, in the Circuit Court of Madison, and which was affirmed by this court on appeal, a few days before the bill was filed, as shown by the report of the case, ante, pp. 99-101. The action at law, in which the judgment was recovered, was commenced by the said Thomas…
1Opinion of the Court
STONE; J.
The defense relied on in this case is purely legal, and would have prevailed, if properly proved, in the trial in the Circuit Court. The defense was attempted to be made in that court, but was ruled out, because the witness was incompetent to testify to the facts proposed to be proved by him.—Beadle v. Graham’s Adm’r, at the present term. The present is a bill in the nature of a bill for a new trial. Such bills are maintainable; only when the party invoking the jurisdiction had a valid defense, and was prevented from making it by the fraud of the opposite party, or by accident or…
2Cases cited2 opinions
- Hair v. LoweSupreme Court of Alabama · 1851
- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1870
3Cited by14 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- De Soto Coal, Mining & Development Co. v. HillSupreme Court of Alabama · 1914
- Hoskins v. HightSupreme Court of Alabama · 1891
- Waldrom v. WaldromSupreme Court of Alabama · 1884
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