Ikard v. Walker

Supreme Court of Alabama
Ikard v. Walker, 104 So. 129 (Ala. 1925)
213 Ala. 13; 1925 Ala. LEXIS 175
Anderson, Bouldin, Somerville, Thomas

Ikard v. Walker

Opinion of the Court

SOMERVILLE, J.

The trial court correctly ruled that the cross-bill was substantially defective by reason of its failure to show that the cross-complainant — the judgment debtor — had a good and meritorious defense to the action. This requirement is thoroughly and soundly established by our decisions, and can no longer be a subject of controversy. Dunklin v. Wilson, 64 Ala. 162, 168; McAdams v. Windham, 191 Ala. 287, 68 So. 51; Reed v. Hammond, 196 Ala. 302, 71 So. 692; Ingram v. Ala. Power Co., 201 Ala. 13 [5], 75 So. 304; Prudential, etc., Co. v. Kerr, 202 Ala. 259, 80 So. 97, citing the cases.

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The demurrer to the cross-bill was properly sustained, and the decree of the circuit court will be affirmed.

Affirmed.

ANDERSON, O. J., and THOMAS and BOULDIN, JJ., concur.

Reference

Full Case Name
KARD v. WALKER Et Al.
Cited By
1 case
Status
Published