Garrett v. Ricketts
Supreme Court of Alabama
Error to the Circuit Court of Marshall. Debt, by the plaintiff in error, against the defendants in error, on a bond executed by them to the plaintiff’s intestate.
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Error to the Circuit Court of Marshall. Debt, by the plaintiff in error, against the defendants in error, on a bond executed by them to the plaintiff’s intestate. Upon the trial, as appears from a bill of exceptions, it was proved, that the bond sued on was given for the rent of a ferry at Gunter’s Landing, for the year 1840, and that they had the use and benefit of the ferry, until some time in the month of April, 1840, when they were restrained from the use and benefit of it, by an injunction from the Chancery Court at Huntsville, in a suit there instituted by John S. Boggess and Richard S.…
1Opinion of the CourtOrmond, J.
The decree of a Court of Chancery, is certainly conclusive as between the parties to it,'of all the facts put in issue. But in this case, -there was no final decree made by the Chancellor, upon the case made by the bill. The decree pro coñfesso against Gunter, was interlocutory merely, subject to the future action of the court — to be set aside if the party appeared and answered, or confirmed by the final decree. The bill being dismissed, the interlocutory decree can have no effect as an admission of facts,' alledged in the bill. The transcript of the record, therefore, of the Chancery cause,…
2Cases cited1 opinion
- Lewis v. Intendant & Town Council of GainesvilleSupreme Court of Alabama · 1844
3Cited by3 opinions
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- Johnson v. Johnson's Adm'rSupreme Court of Alabama · 1866