Planters & Merchants Bank v. Laucheimer & Sons
Supreme Court of Alabama
Appeal from the Chancery Court of Dale. Heard before the Hon. Jjcre N. Williams. The bill in this case was filed by the appellees against the appellants ; and prayed to have enjoined the sale of a stock of goods, which had been levied upon under attachments issued at the instance of the defendants. The bill is in the nature of a general creditor’s bill, and a large number of creditors of D. G. May are made parties complainant.
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Appeal from the Chancery Court of Dale. Heard before the Hon. Jjcre N. Williams. The bill in this case was filed by the appellees against the appellants ; and prayed to have enjoined the sale of a stock of goods, which had been levied upon under attachments issued at the instance of the defendants. The bill is in the nature of a general creditor’s bill, and a large number of creditors of D. G. May are made parties complainant. Some of these complainants are corporations, some are partnerships, and others individuals. The complainants averred in the bill that they were all creditors of the…
1Opinion of the CourtHabalson, J.
The bill in this case contains all the necessary averments to give it equity. It is not distinguishable in principle from the case of Cartwright v. Bamberger, Bloom & Co., 90 Ala. 405, where the merits of a bill of this character are fully discussed and passed on, and we deem it unnecessary to repeat here what was said there. See also Bamberger, Bloom & Co. v. Voorhees, 99 Ala. 292.
There is no merit in the special plea filed, that the names of the individuals composing the several complainant firms were not properly set out in the bill. In each instance, the names of the individuals composing…
2Cases cited8 opinions
- Ortez v. Jewett & Co.Supreme Court of Alabama · 1853
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Whitley & Trimble v. Dumham Lumber Co.Supreme Court of Alabama · 1889
- Lanford v. Patton, Donegan & Co.Supreme Court of Alabama · 1870
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3Cited by5 opinions
- Builders & Painters Supply Co. v. First National BankSupreme Court of Alabama · 1898
- Mabel Mining Co. v. Pearson Coal & Iron Co.Supreme Court of Alabama · 1898
- Watson v. HamiltonSupreme Court of Alabama · 1924
- Weingarten Bros. v. MarcusSupreme Court of Alabama · 1898
- Collier v. Wertheimer-Schwartz Shoe Co.Supreme Court of Alabama · 1898