Lehman v. Meyer
Supreme Court of Alabama
Bill in Equity by Simple Contract Creditors to reach Property Fraudulently Conveyed by Debtors. Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. This was a bill in equity, filed December 14, 1878, by M. Meyer and S. Sterne, partners, under the firm name of M. Meyer & Co., and several others, against Solomon Lehman and S. Kahn, partners, trading under the name of Lehman & Kahn, and Edward Kahn and Alexander Katzenberg, trading under the name of Ed.
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Bill in Equity by Simple Contract Creditors to reach Property Fraudulently Conveyed by Debtors. Appeal from Dallas Chancery Court. Heard before Hon. Charles Turner. This was a bill in equity, filed December 14, 1878, by M. Meyer and S. Sterne, partners, under the firm name of M. Meyer & Co., and several others, against Solomon Lehman and S. Kahn, partners, trading under the name of Lehman & Kahn, and Edward Kahn and Alexander Katzenberg, trading under the name of Ed. Kahn & Co., and Hardy Hirsebler. It is alleged in the bill that said Alexander Kahn, and said Katzenbei’g became indebted to…
1Opinion of the CourtBriokell, C. J.
— It is not the practice to notice any errors apparent on the record which are not assigned, unless it be a want of jurisdiction of the subject-matter in the primary court, necesitating in any event, a reversal of the judgment or decree, and which would not, except under special circumstances, if there was an absence of jurisdiction, be followed by remanding the cause. All other errors may be waived, and the waiver is presumed, if there is an omission to assign them. — McDaniel v. Moody, 3 Stew. 314; Evans v. St. John, 9 Port. 186. And in civil causes, it is within the discretion of the court…
2Cases cited24 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
19 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Dozier v. FarriorSupreme Court of Alabama · 1914
- Hinds v. HindsSupreme Court of Alabama · 1885
- Builders' & Painters' Supply Co. v. Lucas & Co.Supreme Court of Alabama · 1898
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
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