Gaines v. Miller

The prayer of the bill was that the court would decree that the estate of Hammond was indebted to appellant in the sum of money demand, namely, $6,841.80, with the interest thereon, and that she was equitably entitled to recover the same in this suit. The defendant filed a demurrer to the bill on the following, among other grounds: (1) Because the case stated in the bill is one of which a court of equity has no jurisdiction; and (2) because the bill shows that a suit had been brought by those recognized by the court as the lawful representatives of Daniel Clark, and that more than 60 years ago judgment had been rendered therein against Hammond for the same money for which this suit was brought, and that such judgment had never been vacated or reversed. The circuit court sustained the demurrer and dismissed the bill, and the complainant appealed.

Britton A. Hill, for appellant.

Henry H. Denison, for appellee.

WOODS, J.