Harwell v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jorra A. Fostek. The bill in this case was filed on March 10th, 1882, by the partners composing the firm of Lehman, Durr & Co., a partnership doing business in the city of Montgomery, against A. 0. Harwell and L. S. Driver, who were resident citizens of Coosa county; and against the partners composing the firm of Tatum & Wilkinson, a mercantile firm doing business in the city of Montgomery, where the…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jorra A. Fostek. The bill in this case was filed on March 10th, 1882, by the partners composing the firm of Lehman, Durr & Co., a partnership doing business in the city of Montgomery, against A. 0. Harwell and L. S. Driver, who were resident citizens of Coosa county; and against the partners composing the firm of Tatum & Wilkinson, a mercantile firm doing business in the city of Montgomery, where the partners also resided. The bill sought the foreclosure of a mortgage executed to the complainants by said A. 0. Harwell,…
1Opinion of the Court
BRICKELL, C. J
A bill in equity, instituting suit between citizens of the State, must be filed in the district-of the residence of a material .defendant; or, if the purpose is to enjoin proceedings in other courts, it may be filed in the district in which such proceedings are pending; or, if the subject-matter of suit is real estate, it may be filed in the district in which such real estate (or a material part thereof) is situated.— Code of 1876, § 3760. A bill, disclosing on its face that it is not filed in the proper district, is subject to demurrer, or may be' dismissed on motion. If the…
2Cases cited3 opinions
- Prout v. HogeSupreme Court of Alabama · 1876
- Lewis v. ElrodSupreme Court of Alabama · 1861
- Campbell v. CrawfordSupreme Court of Alabama · 1879
3Cited by30 opinions
- Baisden v. City of GreenvilleSupreme Court of Alabama · 1927
- Boyd v. Warren Paint & Color Co.Supreme Court of Alabama · 1950
- Hammons v. HammonsSupreme Court of Alabama · 1933
- Morton v. National BankSupreme Court of Alabama · 1954
- Pucket v. PucketSupreme Court of Alabama · 1911
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