Secor v. Woodward
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 1st District. The case made by this bill is as follows: Woodward, the complainant, asserts that Secor. & Brooks, for the use of Huntington and Lyon, had recovered a judgment against him in the Circuit Court of Mobile county. That the writ in that suit was sued out against him and one Taylor, as partners, and the cause of action is stated .thereon as an open account.
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Writ of Error to the Court of Chancery for the 1st District. The case made by this bill is as follows: Woodward, the complainant, asserts that Secor. & Brooks, for the use of Huntington and Lyon, had recovered a judgment against him in the Circuit Court of Mobile county. That the writ in that suit was sued out against him and one Taylor, as partners, and the cause of action is stated .thereon as an open account. The writ, as to the complainant, was returned, not found, but was not executed upon Taylor. At the time of suing out this writ, no copartnership existed between Woodward and Taylor,…
1Opinion of the CourtGoldthwaite, J.
There is no allegation of any equity in this bill which will authorise a Court to sustain it. There is no pretence that the judgment is unjust, or that a defence could have been made, or that one ever existed at law.
It is in effect, an attempt to question the correctness of the proceedings in the Court of law, for the reason, that the process in that Court was not served on the complainant. Now, we apprehend that all Courts are capable of protecting their own suitors against the consequences of irregularities committed either by their own officers or by the adverse party. And matters of this…
2Cited by11 opinions
- State v. HillSupreme Court of Arkansas · 1887
- Colson v. LeitchIllinois Supreme Court · 1884
- Cantwell v. CantwellIndiana Supreme Court · 1957
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Ableman v. RothWisconsin Supreme Court · 1860
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