Cook v. Schmidt & Ziegler
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. J. N. Williams. The bill in this case was filed by the appellees, who were simple contract creditors, against Geo. W. Cook; and prayed for a discovery and injunction. The allegations and grounds of relief are substantially the same as those contained in the case of Geo. W. Cook v. New York Condensed Milk Go., ante page 580; the cause was submitted on similar motions and similar demurrers.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. J. N. Williams. The bill in this case was filed by the appellees, who were simple contract creditors, against Geo. W. Cook; and prayed for a discovery and injunction. The allegations and grounds of relief are substantially the same as those contained in the case of Geo. W. Cook v. New York Condensed Milk Go., ante page 580; the cause was submitted on similar motions and similar demurrers. The appeal is prosecuted from a decree of the chancellor overruling said motions and demurrers.
1Opinion of the CourtColeman, J.
The bill was filed under section 3545 of the Code, which authorizes a creditor without a lien or judgment to file a bill in a court of chancery for the discovery of the assets of the debtor, subject to the payment of debts. The constitutionality of the act, and the right of a creditor to relief under its provisions, has been thoroughly considered by this court and should be regarded as settled law in this State. If we understand the argument *583of appellant’s counsel it concedes tlie constitutionality of the act which-authorizes such a creditor to file a bill to reach assets which have been…
2Cases cited3 opinions
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Sweetzer, Pembrook & Co. v. BuchananSupreme Court of Alabama · 1891
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1892
3Cited by2 opinions
- Southern Steel Co. v. HopkinsSupreme Court of Alabama · 1908
- Pollak v. BillingSupreme Court of Alabama · 1901