Conoly v. Harrell
Supreme Court of Alabama
appeal from Escambia Olían eery Court. Heard before Hon. L. D. Gardner. Bill by J. L. Harrell against O. H. Conoley, for an accounting and for discovery. From a judgment overruling demurrers to the amended bill respondent appeals. The complaint should have shoivn that the discharge ivas wrongful. — 4 Mayf. 128; 26 Cyc. 1003; 4 Pac. lili.
Read the full summary
appeal from Escambia Olían eery Court. Heard before Hon. L. D. Gardner. Bill by J. L. Harrell against O. H. Conoley, for an accounting and for discovery. From a judgment overruling demurrers to the amended bill respondent appeals. The complaint should have shoivn that the discharge ivas wrongful. — 4 Mayf. 128; 26 Cyc. 1003; 4 Pac. lili. The bill is not good as a bill for an accounting. — 4 Cyc. 438, 43 S. E. 702; 71 Atl. 391; Haynes v. Short, 88 Ala. 562; Gamble v. Altman, 125 Ala. 372, and cases cited. The bill was a fishing bill, and for this reason the demurrer should have been sustained.…
1Opinion of the CourtMcCLELLAN, J.
The amended bill seeks an accounting and discovery between the parties. The appellee and appellant were the complainant and respond*245ent, respectively in tlie court below. The demurrer to the amended bill was overruled. This action is the basis of the present appeal.
The respondent was the owner of a turpentine farm in Escambia county, Ala. It appears from the bill that respondent engaged complainant to assist him in the operation of the turpentine farm. The engagement contemplated service by complainant from November 1, 1906, to January 1, 1908. Complainant was to receive one-fourth of the net…
2Cases cited6 opinions
- Martin v. MassieSupreme Court of Alabama · 1900
- Minter v. Br. BankSupreme Court of Alabama · 1853
- Stafford v. SibleySupreme Court of Alabama · 1894
- Scoggin v. BlackwellSupreme Court of Alabama · 1860
- Merritt v. CoffinSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Ex Parte RamsaySupreme Court of Alabama · 2002
- W. P. Brown & Sons Lumber Co. v. RattraySupreme Court of Alabama · 1939
- Hogan v. ScottSupreme Court of Alabama · 1914
- Union Savings & Trust Co. v. KrummWashington Supreme Court · 1915
14 more not listed; retrieve them via the Exa API.