Carroll v. Parers
Carroll v. Parers
Opinion of the Court
delivered the opinion of the Court.
The hill in this case was filed in the Chancery Court at Lawrenceburg, as a bill of interpleader, against J. and W. Parkes, Dunston, and Dunn and Edmonston, alleging substantially the following facts: That complainant was Superintendent of Public Instruction in and for the County of Lawrence in 1868; that one Wm. J. Austin was employed as a teacher; and about the 30th of November, 1868, gave an order in favor of one A. W. Bentley on complainant
The bill alleges that soon after the rendition of the said judgments, complainant notified J. and W. Parkes of the same, and requested them to defend
On demurrer the bill was dismissed and complainant has appealed to this Court.
The decree of the Chancellor dismissing the bill was correct.
No reason is shown why complainant could not make at law all the defences to which he was entitled, and it is too late to invoke the interposition of a Court of Chancery, as to the claims upon which judgments have been rendered. No ground is alleged in the bill to justify a Court of Equity to disturb said judgments. But if complainant could have defended successfully, that he did not do so is clearly attributable to his own neglect. The Justice had jurisdiction of the person and subject matter, and his judgment can not be disturbed for any reason set up in the bill.
It is not necessary, as argued for complainant, that it should appear that there were judgments and executions in favor of the creditor when complainant was garnisheed. The bill does not allege there were not, and it is for the complainant to show by his bill a case entitling him to relief. There being no
The judgments are beyond the control of ■ the Chancery Court upon any grounds stated in the bill, and the question of complainant’s liability upon the pending suit is unembarrassed at law, and peculiarly appropriate to that jurisdiction.
Let the decree of the Chancellor be affirmed.
Reference
- Full Case Name
- S. A. Carroll v. J. and W. Parers
- Status
- Published