Phalin v. Dearman
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Poster. Bill by L. H. Dearman against G. W. Phalin, for an accounting. From a decree overruling demurrers to the bill respondents appeal. Counsel discuss the bill and insist that it was subject to the demurrers interposed, but they cite no authority in support of their contention.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Poster. Bill by L. H. Dearman against G. W. Phalin, for an accounting. From a decree overruling demurrers to the bill respondents appeal. Counsel discuss the bill and insist that it was subject to the demurrers interposed, but they cite no authority in support of their contention. Counsel discuss the errors assigned with the insistence that the court properly overruled the demurrers to the bill, but they cite no authority in support of their contention.
1Opinion of the CourtSomerville, J.
The allegations of the bill of complaint show the existence of mutual accounts between complainant and respondent. In such cases either party may resort to equity for a statement of the accounts and the ascertainment and recovery of any balance due, without regard to the question of confusion or complication. — Kirkman v. Vanlier, 7 Ala. 217; Hulsey v. Walker County, 147 Ala. 501, 40 South. 311; Crichton v. Hayles, 176 Ala. 223, 57 South. 696, collecting the authorities.
It is immaterial, of course, that the bill does not claim a balance in favor'of complainant, for he is as much entitled to…
2Cases cited3 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Chrichton v. HaylesSupreme Court of Alabama · 1912
- Hulsey v. Walker CountySupreme Court of Alabama · 1906
3Cited by5 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Huebener v. ChinnOregon Supreme Court · 1949
- Reilly v. WoolbertSupreme Court of Alabama · 1916
- Hyatt v. International Agricultural CorporationSupreme Court of Alabama · 1935
- Kirkland v. Hub City Finance Co.Supreme Court of Alabama · 1958