Rosenheim & Sons v. Lacy
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Rosenheim & Sons and others against Ollie Lacy and others to set aside the sale of partnership property and subject the property to the satisfaction of the partnership creditors. From a decree dismissing the bill on account of the failure of the complainant to pay the costs adjudged against the trustee in bankruptcy in a similar suit, complainants appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Rosenheim & Sons and others against Ollie Lacy and others to set aside the sale of partnership property and subject the property to the satisfaction of the partnership creditors. From a decree dismissing the bill on account of the failure of the complainant to pay the costs adjudged against the trustee in bankruptcy in a similar suit, complainants appeal. The court erred in the decree rendered. — Ex parte Matthews, 40 So. 78; Johnson v. Anderson, 140 Ala. 342. Sections 2490 and 3657, Code 1907, have the effect to…
1Opinion of the CourtMayfield, J.
There was a partnership in Jefferson county, the firm name of which was Lacey & Massey, composed of Steve Lacey and George Massey. Lacey was adjudicated a bankrupt, and A. S. Cowan was appointed receiver of the bankrupt’s estate. He, as such receiver, filed a bill to set aside certain sales of the partnership property and to subject the property to the claims of the partnership creditors. . It was ruled by this court, on appeal in that case (162 Ala. 546, 50 South. 281), that he could not maintain such bill, and it was dismissed without prejudice. The creditors then filed this bill, seeking…
2Cases cited1 opinion
- Lacey v. CowanSupreme Court of Alabama · 1909
3Cited by1 opinion
- Dunn v. HarrisSupreme Court of Alabama · 1926