Thorington v. Gould
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Felder. The appellant, Sallie G. Thorington, owned a large amount of the bank-bills issued by the Mechanics’ Bank, a corporation chartered by the State of Georgia, and doing business in. the city of Augusta. To collect the debt due her, she “sued out” a writ of attachment, which was levied on land situated in the county, and State of Alabama, and belonging to the-Mechanics’ Bank.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Adam C. Felder. The appellant, Sallie G. Thorington, owned a large amount of the bank-bills issued by the Mechanics’ Bank, a corporation chartered by the State of Georgia, and doing business in. the city of Augusta. To collect the debt due her, she “sued out” a writ of attachment, which was levied on land situated in the county, and State of Alabama, and belonging to the-Mechanics’ Bank. Thereupon, William T. Gould filed a bill of complaint in tbe Chancery Court of Montgomery county on the 26th day of October, 1872, against…
1Opinion of the Court
BBICKELL, C. J.—
The grant of a temporary injunction, the bill not having been verified, and without requiring bond from the complainant, payable and with condition as the statute requires, was irregular. The irregularity, is not however cause for the reversal of the final decree, if that is supported by the pleadings and proofs. It has worked no injury to the appellants, if the appellee is entitled to the perpetual injunction.
The equity of the bill rests on the well defined jurisdiction, to prevent, as well as to remove clouds on the title to real estate. If under legal process -acts are…
2Cases cited7 opinions
- Burt v. CassetySupreme Court of Alabama · 1848
- Martin v. HewittSupreme Court of Alabama · 1870
- Lyon v. HuntSupreme Court of Alabama · 1847
- Inge v. MurphySupreme Court of Alabama · 1846
- Heath v. StateSupreme Court of Alabama · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Lightsey v. Kensington Mortgage and Finance Corp.Supreme Court of Alabama · 1975
13 more not listed; retrieve them via the Exa API.