Brunnier v. Hill

Citation204 Ala. 403,85 So. 691
Decision Date17 June 1920
Docket Number1 Div. 134
PartiesBRUNNIER v. HILL et al.
CourtSupreme Court of Alabama

Rehearing Denied June 30, 1920

Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge.

Bill by Agnes T. Brunnier against Charles W. Hill and others to annul a judgment in the justice court and to quash execution issued thereon. From a decree dismissing the bill, complainant appeals. Affirmed.

Frederick G. Bromberg, of Mobile, for appellant.

THOMAS, J.

Bill in equity for relief against a judgment at law. The agreement of counsel set up was not in writing, and was within the influence of circuit court rule 14, Code 1907, p. 1520. Collier v. Falk, 66 Ala. 223; Norman v. Burns, 67 Ala. 248; Hendley v. Chabert, 189 Ala. 258, 267, 65 So. 993; Evans v. Wilhite, 176 Ala. 287, 58 So. 262.

The decree of the circuit court is affirmed.

Affirmed.

ANDERSON, C.J., and McCLELLAN and SOMERVILLE, JJ., concur.

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5 cases
  • Spencer v. Spencer
    • United States
    • Alabama Supreme Court
    • June 22, 1950
    ...in not having the agreement made as required by this rule. Those cases have been cited and followed frequently since then. Brunnier v. Hill, 204 Ala. 403, 85 So. 691; Kirkland v. C. D. Franke & Co., 207 Ala. 377, 92 So. 472; Choctaw Bank v. Dearmon, 223 Ala. 144, 134 So. 648; Standard Chemi......
  • Choctaw Bank v. Dearmon
    • United States
    • Alabama Supreme Court
    • April 23, 1931
    ... ... and remanded ... [134 So. 649] ... Gray & ... Dansby, of Butler, for appellants ... Adams & ... Gillmore, of Grove Hill, for appellee ... BOULDIN, ... The ... bill is to cancel and annul a judgment nil dicit in a claim ... suit because of alleged ... this character. Kirkland v. C. D. Franke & Co., 207 ... Ala. 377, 92 So. 472; Brunnier v. Hill, 204 Ala ... 403, 85 So. 691; Gray v. Handy, 204 Ala. 559, 86 So ... 548; Collier v. Parish, 147 Ala. 526, 41 So. 772; ... Hendley v ... ...
  • Kirkland v. C.D. Franke & Co.
    • United States
    • Alabama Supreme Court
    • April 27, 1922
    ... ... circuit court rule 14, Code 1907, p. 1520, and therefore ... constitutes no sufficient ground for relief. Brunnier v ... Hill, 204 Ala. 403, 85 So. 691, and authorities there ... Moreover, in cases of this character the petitioner must have ... ...
  • Nation v. Nation
    • United States
    • Alabama Supreme Court
    • June 30, 1921
    ...or suggested by either against the other, unless the same be in writing, and signed by the party to the bound thereby." See Brunnier v. Hill, 204 Ala. 403, 85 So. 691, cases therein cited. SOMERVILLE, J. (dissenting). When, as here, a husband has instituted a suit for divorce, but continues......
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