Gulf Compress Co. v. Jones Cotton Co.
Supreme Court of Alabama
Appeal from Morgan Chancery C'onrt. Heard before Hon. W. H. Simpson. Bill by tbe Jones Cotton Company for discovery and relief against tbe Gulf Compress Company, tbe Southern Railway Company, George F. Rontzler, general agent of tbe Gulf Compress Company, and T. J. Morrow, general agent of tbe Southern Railway Company at Decatur. Decree overruling demurrers to the bill, and defendants appeal, and, after severance, separately assign error.
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Appeal from Morgan Chancery C'onrt. Heard before Hon. W. H. Simpson. Bill by tbe Jones Cotton Company for discovery and relief against tbe Gulf Compress Company, tbe Southern Railway Company, George F. Rontzler, general agent of tbe Gulf Compress Company, and T. J. Morrow, general agent of tbe Southern Railway Company at Decatur. Decree overruling demurrers to the bill, and defendants appeal, and, after severance, separately assign error. Tbe case made by tbe bill is that tbe complainant corporation is engaged in buying, selling, and shipping cotton for Eastern, Northern and foreign ports,…
1Opinion of the CourtDowdell, J.
— The appeal in this case is taken from the decree of the chancellor overruling the demurrers of the several respondents to the bill and the motion of the respondent the Southern Railway Company to dismiss the bill for want of equity. There is much force in the argument of counsel for appellants on the proposition that, since by our statutes courts of law are enabled to compel discovery in actions brought in those courts, the necessity for a resort to a court of equity for *41such purpose no longer' exists. Bills purely for discovery having originated in the theory of assisting a court of law,…
2Cases cited7 opinions
- Nixon v. Clear Creek Lumber Co.Supreme Court of Alabama · 1907
- Adams v. JonesSupreme Court of Alabama · 1880
- Letcher v. StateSupreme Court of Alabama · 1909
- McEwen v. StateSupreme Court of Alabama · 1907
- Plaster v. Throne-Franklin Shoe Co.Supreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- MacEy v. CrumSupreme Court of Alabama · 1947
- Wilkinson v. WrightSupreme Court of Alabama · 1933
- Southern Railway Co. v. Jones Cotton Co.Supreme Court of Alabama · 1910
- Gulf Compress Co. v. Jones Cotton Co.Supreme Court of Alabama · 1911
- Collier v. Municipal Acceptance CorporationSupreme Court of Alabama · 1933
1 more not listed; retrieve them via the Exa API.