Johnson's Adm'r v. Ward
Supreme Court of Alabama
Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 18th May, 1883, by J. Marion Ward, against Mrs. Elizabeth S. Johnson and N. D. Johnson, her husband, trustee and agent; and sought to foreclose a mortgage on a steam-engine, which the defendants had bought from the Lima Machine Works, giving their notes for the unpaid purchase-money.
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Appeal from the Chancery Court of Tuskaloosa. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 18th May, 1883, by J. Marion Ward, against Mrs. Elizabeth S. Johnson and N. D. Johnson, her husband, trustee and agent; and sought to foreclose a mortgage on a steam-engine, which the defendants had bought from the Lima Machine Works, giving their notes for the unpaid purchase-money. The mortgage, a copy of which was made an exhibit to the bill, was dated the 7th May, 1881, and was signed by Mrs. Johnson, and by N. D. Johnson, her husband, as agent. The price of the engine…
1Opinion of the CourtStone, C. J.
— The assignments of error contain many specifications, of which complaint is made. The argument notices only two, and we will give but a passing notice to such of the others, as we deem necessary.
The first objection urged is, that the chancellor refused to allow Mrs. Johnson to appeal under section 3930 of the Code of 1876. That section permits married women to appeal in certain cases, without giving security for costs. If there be anything in this objection, it can not be raised by an assignment of error after the appeal is taken. It could,’ probably, have been reached by mandamus, or…
2Cases cited6 opinions
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Wilburn & Co. v. McCalleySupreme Court of Alabama · 1879
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- McCall v. RogersSupreme Court of Alabama · 1884
- Kieser v. BaldwinSupreme Court of Alabama · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rhodes v. SchofieldSupreme Court of Alabama · 1955
- Edge v. BiceSupreme Court of Alabama · 1955
- Hamill v. McCallaSupreme Court of Alabama · 1934
- Kimball v. Cunningham Hardware Co.Supreme Court of Alabama · 1918
- Graham v. O'NealSupreme Court of Alabama · 1941
4 more not listed; retrieve them via the Exa API.