Burgess & Co. v. Martin
Supreme Court of Alabama
Appeal from the Chancery Court of Pickens. Heard before the lion. W.H. Tayloe. The bill in this case was filed by the appellants against the appellee, J. K. P. Martin, as surviving partner of the firm of A. J. & J. K. P. Martin, and prayed-for a discovery of the assets of said firm, for the appointment of a receiver to take charge thereof, and to subject certain notes, accounts and dioses in action to the payment of complainants’ claim.
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Appeal from the Chancery Court of Pickens. Heard before the lion. W.H. Tayloe. The bill in this case was filed by the appellants against the appellee, J. K. P. Martin, as surviving partner of the firm of A. J. & J. K. P. Martin, and prayed-for a discovery of the assets of said firm, for the appointment of a receiver to take charge thereof, and to subject certain notes, accounts and dioses in action to the payment of complainants’ claim. The appeal is taken from a decree of the chancellor overruling certain demurrers and sustaining 'others, and in discharging the receiver. The other facts of…
1Opinion of the CourtMcCLELLAN, J.
The abstract shows that there was a submission to the chancellor ‘ ‘upon demurrer, and other pleadings, and the testimony as condensed above,” and that subsequently the chancellor rendered a decree ‘‘overruling demurrers 1, 2, 3, and 10, and sustaining those from 4 to 9, inclusive ; and sustaining the appeal [from the register’s order appointing a receiver] and discharging the receiver.” The abstract nowhere and in *657no way informs us what specifications of demurrer were set forth in assignments of demurrer “from 4 to 9 inclusive and we are, therefore, unable to review the decree sustaining…
2Cases cited4 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Pickle's Adm'r v. EzzellSupreme Court of Alabama · 1855
- Dennis v. Coker's Adm'rSupreme Court of Alabama · 1859
- O'Neal v. SimontonSupreme Court of Alabama · 1895
3Cited by35 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Cullman Property Co. v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1917
- Berman v. Wreck-A-Pair Bldg. Co.Supreme Court of Alabama · 1937
- Lauderdale County Board of Education v. AlexanderSupreme Court of Alabama · 1959
- Henderson v. ReynoldsIndiana Supreme Court · 1907
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