Moore v. Alabama National Bank
Supreme Court of Alabama
Appeal from City Court of Birmingham, in Equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed by the appellee against the appellant, Walter Moore, and averred that the complainant was the owner of a judgment against the defendant, upon which execution had been issued and returned no property found. That said judgment, with interest and with .costs is still due and unpaid.
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Appeal from City Court of Birmingham, in Equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed by the appellee against the appellant, Walter Moore, and averred that the complainant was the owner of a judgment against the defendant, upon which execution had been issued and returned no property found. That said judgment, with interest and with .costs is still due and unpaid. The bill then avers that said Walter Moore has no visible means subject to legal process, of value sufficient to pay said demands, but that he has property or interest in property or money or effects…
1Opinion of the CourtColeman, J.
Appellee, as the owner of a judgment against the appellant, upon which execution issued and returned “no property found,” filed the present bill uuder sections 819-821 of the Code of 1896 for a discovery. In the case of Drennen v. Alabama Nat. Bank, 117 Ala. 320, we had occasion to consider a bill in every essential particular similar to the one under consideration, and held that it contained equity and was sufficient under the statute. The authorities are cited in the case. The demurrer in the appeal before us, as in that case, goes to the bill as a whole, and was properly overruled. When…
2Cases cited2 opinions
- Pruitt v. ArmstrongSupreme Court of Alabama · 1876
- Drennen v. Alabama National BankSupreme Court of Alabama · 1897