Hill v. Walker & Co.
Hill v. Walker & Co.
Opinion of the Court
delivered the opinion of the court.
Hill now moves the court either to make a rule on Alston to pay the money into court, or to remand the cause to the Chancery Court, to the end that such rule may be made in that court.
Affidavits are filed to show that when the case was decided in this court, the solicitor of Hill intended to draw the decree remanding the cause to the Chancery Court with the view of enforcing a speedy collection of the money by a rule on Alston to pay it into court; but that the solicitor adopted a simple decree of affirmance and judgment against Alston and his surety Coleman, at the request of Alston’s solicitor, and upon his assurance that the parties were good, and that the money would soon be paid.
Upon this state of facts we are asked to make a rule on Alston, or to remand the cause to the Chancery Court. It seems not to be insisted that this court can make the rule on Alston. That we cannot is manifest. Nor do we know upon what principle we can so modify or alter a decree made at a former term
Case-law data current through December 31, 2025. Source: CourtListener bulk data.