Lee v. Insurance Bank of Columbus
Supreme Court of Alabama
Error to the Court of Chancery at Montgomery. This was a bill in Chancery, filed by Henry P. Lee and Julius A. Norton, originally in the Circuit Court of Montgomery county, and afterwards transferred to the separate Chancery Court at Montgomery. The bill charges, that the complainants were accommodation indorsers on a bill of exchange, for four thousand dollars, drawn by Mosely Hooker, on Bliss, Gause & Co. of New Orleans.
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Error to the Court of Chancery at Montgomery. This was a bill in Chancery, filed by Henry P. Lee and Julius A. Norton, originally in the Circuit Court of Montgomery county, and afterwards transferred to the separate Chancery Court at Montgomery. The bill charges, that the complainants were accommodation indorsers on a bill of exchange, for four thousand dollars, drawn by Mosely Hooker, on Bliss, Gause & Co. of New Orleans. The bill was also indorsed by H. Pierce & Co., and was made and indorsed to enable Hooker to raise money thereon, which he did, by selling the same to one Joseph…
1Opinion of the CourtOrmond, J.
— The first .question to be considered is, whether the Court has jurisdiction. The established doctrine of this Court is, that equity will not interfere after a judgment at law, unless the party can impeach the justice of the judgment by facts, or on grounds of which lie could not have availed *23himself, or was prevented from doing so by fraud or accident, or the act of the opposite party, unmixed with negligence or fault on his part, French v. Garner, et al. 7th Porter, 549.
The ground alledged in the bill for not defending the suit at law is, that the plaintiffs in error were ignorant that the…
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