Powell v. Stewart
Supreme Court of Alabama
Error to the Chancery Court of Dallas. Tried before the Hon. Wilie W. Mason. Appeal from an order dissolving the injunction.
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Error to the Chancery Court of Dallas. Tried before the Hon. Wilie W. Mason. Appeal from an order dissolving the injunction. The bill alleges that John H. O’Neal and Charles Goodwyn, partners under the name and style of O’Neal & Goodwyn, instituted suit, against the complainant on an open account, for the use of Samuel M. Stewart, in the Circuit Court of Dallas, which suit was tried at the spring term 1846 of said Circuit Court, and a recovery had for only seven dollars; that at the same term, upon the motion of the attorney for the plaintiffs, the court, without notice to himself or his…
1Opinion of the CourtCpiilton, J.
We have carefully examined the bill and-answer in this cause, and are well satisfied that the decree of .the *724chancellor is sustained by many adjudged cases, both in this and other courts. The appellant made full defence al law, and a judgment was rendered upon the verdict of the jury against him. The defence was such as might well have been made in the law court, and evidently failed for want of proof. The effort now is to renew the litigation in equity, and many reasons are attempted to be shown by the bill, why this should be done. Without stating them particularly, as they will be seen in…
2Cases cited4 opinions
- Knotts v. TarverSupreme Court of Alabama · 1845
- Lockard v. LockardSupreme Court of Alabama · 1849
- Drew v. HayneSupreme Court of Alabama · 1845
- Governor v. BarrowSupreme Court of Alabama · 1848
3Cited by6 opinions
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- Pearce v. Winter Iron-WorksSupreme Court of Alabama · 1858
- Wilson v. RandallSupreme Court of Alabama · 1860
- Perrine v. WhiteNew Jersey Court of Chancery · 1882
- McMillan v. ForsytheUtah Supreme Court · 1915
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