Evans v. Wilhite
Supreme Court of Alabama
Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by Charles M. Evans against J. B. Wilhite and others to set aside a judgment and to enjoin its enforcement, on the grounds of fraud in procuring it. From a decree sustaining demurrer to the bill dissolving the injunction, and dismissing the bill for want of equity, complainants appeal.
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Appeal from Cullman Chancery Court. Heard before Hon. W. H. Simpson. Bill by Charles M. Evans against J. B. Wilhite and others to set aside a judgment and to enjoin its enforcement, on the grounds of fraud in procuring it. From a decree sustaining demurrer to the bill dissolving the injunction, and dismissing the bill for want of equity, complainants appeal. Granting relief against judgment fraudulently obtained is within the original inherent jurisdiction of courts of chancery. — Ex parte Smith, 84 Ala. 455; Gurry v. Peebles, 88 Ala. 225; 'Mitchell v. Bice, 182 Ala. 126. The jurisdiction…
1Opinion of the CourtMayfield, J.
Appellant filed his bill to set aside a judgment against him in a court of law, and to enjoin its enforcement pending the suit.
The theory and allegations of the bill, in short, were that the judgment was obtained by fraud on the part of appellee; that the cause was continued for the term by agreement of parties, and after appellant and his attorney had left court, appellee, by fraudulent representations, had the court to set aside the order of continuance and to proceed to trial, and thus by fraud procured the judgment. Appellee demurred to the bill and moved to dissolve the injunction. His…
2Cases cited5 opinions
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Nixon v. Clear Creek Lumber Co.Supreme Court of Alabama · 1907
- Roebling Sons Co. v. Stevens Electric Co.Supreme Court of Alabama · 1890
- Martin v. HudsonSupreme Court of Alabama · 1875
- Rose v. GunnSupreme Court of Alabama · 1885
3Cited by68 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Bolden v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1925
- Gill v. MoreSupreme Court of Alabama · 1917
- Hendley v. ChabertSupreme Court of Alabama · 1914
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
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