Adams v. Munter & Brother
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 2d July, 1879, by J. H. Adams, as a simple-contract creditor of Munter & Brother, a mercantile partnership doing business in the city of Montgomery, against the said Munter & Brother, individually and as partners, and against J. Abraham & Brother, another mercantile firm in Montgomery; and sought to set aside, on the ground of fraud, a judgment which…
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jno. A. Foster. The bill in this case was filed on the 2d July, 1879, by J. H. Adams, as a simple-contract creditor of Munter & Brother, a mercantile partnership doing business in the city of Montgomery, against the said Munter & Brother, individually and as partners, and against J. Abraham & Brother, another mercantile firm in Montgomery; and sought to set aside, on the ground of fraud, a judgment which Munter & Brother had confessed in favor of said Abraham & Brother, and to condemn in the hands of Abraham & Brother moneys…
1Opinion of the Court
STONE, J
— Section 3890 of the Code of 1876 provides, that “ whenever it is necessary for any fact to be tried by a jury, the court must direct an issue to be made up, setting forth clearly the true fact to be tried; and such issue must be tried before the chancellor, or may be sent to the Circuit Court in the district for trial,” &c. Section 3891 is in these words: '“Such issue must be tried .upon the like evidence as a suit at law, .together with such parts of the bill, answers, depositions, and other proceedings in the cause, as the court may order.”
These sections relate to issues out of…
2Cases cited5 opinions
- Alexander v. AlexanderSupreme Court of Alabama · 1843
- Lansing v. RussellNew York Supreme Court · 1852
- Dale v. RooseveltNew York Court of Chancery · 1822
- Fitzhugh's Ex'ors v. FitzhughSupreme Court of Virginia · 1854
- AnonymousSupreme Court of Alabama · 1859
3Cited by14 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Karter v. EastSupreme Court of Alabama · 1929
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Ex parte ColvertSupreme Court of Alabama · 1914
- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
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