Cochran v. Rison
Supreme Court of Alabama
Error to the Chancery Court of Madison. Tried before the Hon. D. G\ Ligón. The bill in this case alleges, that in the year 1843, the plaintiff in error filed his original bill in equity, setting forth a partnership between the plaintiff in error, James M. Cochran, Archibald Bison, Joseph Carnthers and James M. Martin, praying that an account might be had of the partnership transactions, with the yiew of ascertaining how much the firm was indebted to him, and for a decree in…
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Error to the Chancery Court of Madison. Tried before the Hon. D. G\ Ligón. The bill in this case alleges, that in the year 1843, the plaintiff in error filed his original bill in equity, setting forth a partnership between the plaintiff in error, James M. Cochran, Archibald Bison, Joseph Carnthers and James M. Martin, praying that an account might be had of the partnership transactions, with the yiew of ascertaining how much the firm was indebted to him, and for a decree in his favor for the amount that might be ascertained to be due to him. It is also alleged that the defendant in error, the…
1Opinion of the CourtDargan, C. J.
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No question has been made as respects the parties to this bill, neither in this court, nor in the court below; and we will therefore pass to the consideration of such questions as grow out of the assignments of error.
1st. Does the bill set forth such matter as will warrant a bill of review? The main ground on which it is filed is the written agreement, by which the plaintiff in error stipulated that, in consideration of $400 paid by the complainant to him, he would proceed no further in the original suit against this complainant to coerce payment from him of the liability sought to be…
2Cases cited1 opinion
- Dexter v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1829
3Cited by5 opinions
- Alexander v. AlexanderSupreme Court of Alabama · 1935
- Louisville & N. R. Co. v. MauterSupreme Court of Alabama · 1919
- Moses v. DadeSupreme Court of Alabama · 1877
- Brown v. StateAlabama Court of Appeals · 1926
- Gardner v. GardnerSupreme Court of Alabama · 1948