Bard v. Bingham
Supreme Court of Alabama
Appeal from Chancery Court of Montgomery. Heard before Hon. H. Austill. This was an appeal by Samuel Bard, from an order denying a receiver over, the material and business of the “Alabama State Journal” newspaper, pending a suit by Bard,, against Thos. C. Bingham, his copartner in the business, for a dissolution of the partnership and for a settlement and dissolution of its affairs.
Read the full summary
Appeal from Chancery Court of Montgomery. Heard before Hon. H. Austill. This was an appeal by Samuel Bard, from an order denying a receiver over, the material and business of the “Alabama State Journal” newspaper, pending a suit by Bard,, against Thos. C. Bingham, his copartner in the business, for a dissolution of the partnership and for a settlement and dissolution of its affairs. The bill alleges that on the 25th of July, 1875, Bingham sold a half interest in the paper to one John Bard for $7,500, payable as hereinafter stated, and entered into articles of co-partnership with him; that…
1Opinion of the CourtBbickell, C. J.
The contract of partnership, not commiting the partnership effects to the exclusive possession of either of the partners, each partner has an equal right to the possession, and if wrongfully excluded, a court of equity will, *466on. a proper case being shown, intervene for his relief. The interference may be by compelling specific performance of the contract; or by injunction against a continuance of the exclusion; or by decreeing dissolution, if a case for dissolution is shown, and the appointment of a receiver pending the suit. The granting an injunction, arresting the one partner in his…
2Cases cited1 opinion
- Ex parte WalkerSupreme Court of Alabama · 1854
3Cited by11 opinions
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- C. E. Development Company v. KitchensSupreme Court of Alabama · 1972
- Henry v. IdeSupreme Court of Alabama · 1923
- Brooke v. TuckerSupreme Court of Alabama · 1907
- Latimer v. MilfordSupreme Court of Alabama · 1941
6 more not listed; retrieve them via the Exa API.