Walker v. Wigginton's Administrator
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomerjr. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 16th March, 1869, by B. W. Walker, against the administrator de bonis non of the insolvent estate of Henry B. Wigginton, deceased; and Benjamin Harrison was also joined as a defendant, but was only a nominal party.
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Appeal from the Chancery Court of Montgomerjr. Heard before the Hon. Adam C. Felder. The bill in this case was filed on the 16th March, 1869, by B. W. Walker, against the administrator de bonis non of the insolvent estate of Henry B. Wigginton, deceased; and Benjamin Harrison was also joined as a defendant, but was only a nominal party. The object of the bill was to enjoin a judgment at law, for about $1,725, besides costs, which a former administrator of said Wigginton’s estate had recovered against the complainant and said Benjamin Harrison, in November, 1867, and to set off against it a…
1Opinion of the Court
PETERS, O. J.
This is a bill to enforce the allowance of a set-off against a judgment at law. The appellant, Walker, is the complainant in the court below; and the administrator of Henry B. Wigginton, deceased, is the principal defendant. The other defendant, Harrison, is merely a nominal party; no decree can be rendered against him, and none in his favor. The cause was submitted on the bill, answer, amended answer, exhibits, agreement of counsel, and depositions taken on both sides. There was no demurrer, or motion to dismiss for want of equity; but pleas for defendant Wigginton were…
2Cases cited6 opinions
- Ray v. ThompsonSupreme Court of Alabama · 1869
- Hogan's Ex'r v. CalvertSupreme Court of Alabama · 1852
- Prestridge v. Patrick Irwin & Co.Supreme Court of Alabama · 1871
- White v. StateSupreme Court of Alabama · 1870
- Perrine v. WarrenSupreme Court of Alabama · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Clemmons, Powers & Co. v. MetcalfSupreme Court of Alabama · 1910