Hays v. Ahlrichs
Supreme Court of Alabama
Appeal from the Chancery Court of Cullman. Heard before the Hon. W. H. Simpson. The bill in this case was filed on December 29, 1896, by A. B. Hays, as judge of probate of Cullman county, Alabama, P. H. Kinney, S. M. Rudder and other'resident .citizens and tax payers of Cullman county, Alabama, against Alvin Ahlrichs, W. A. Schlosser, C. B. Wilhite, P. W. Wiley and T..J. Tingle. The bill as originally filed, was in words and figures as follows : “First.
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Appeal from the Chancery Court of Cullman. Heard before the Hon. W. H. Simpson. The bill in this case was filed on December 29, 1896, by A. B. Hays, as judge of probate of Cullman county, Alabama, P. H. Kinney, S. M. Rudder and other'resident .citizens and tax payers of Cullman county, Alabama, against Alvin Ahlrichs, W. A. Schlosser, C. B. Wilhite, P. W. Wiley and T..J. Tingle. The bill as originally filed, was in words and figures as follows : “First. That heretofore, to-wit, on or before the 13th day of November, 1896, the respondents, except Alvin Ahlrichs, undertook to make a contract…
1Opinion of the CourtHead, J.
Under the Code of 1886, sections 3612 and 3613, appeals from courts of chancery in advance of final decree, are allowed only from decrees sustaining or overruling demurrers to bills, pleas to bills, motions -to dismiss bills for want of equity, and from orders- sustaining or dissolving injunctions. We will-, therefore, in this case, consider only the rulings, assigned as error, which are of the character of those stated, viz.: The order dissolving' the injunction, and the orders sustaining demurrers to the original bill.
It is very clear that the judge of probate, in his official capacity, has…
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