Ruse v. Bromberg
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. W.. Coleman. The bill in this case was filed on the 31st March, 1887, by Fred.
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Appeal from the Chancery Court of Mobile. Heard before the Hon. Thos. W.. Coleman. The bill in this case was filed on the 31st March, 1887, by Fred. G. Bromberg, as assignee of the Alabama Insurance Company, and also as assignee of tbe Citizens’ Insurance Company, two insolvent domestic corporations, against John C. Buse and Ms wife, Herman W. Leinkauf, and William H. Leinkauf!; and sought to set aside, as fraudulent, two conveyances of a house and lot in the city of Mobile, which had been executed by Buse and wife to said H. W. Leinkauf, and to subject the property to the satisfaction of the…
1Opinion of the CourtClopton, J.
[1.] Appellants complain that the chancellor refused to allow an amendment of the answer to the amended bill, and on this ground ask a reversal of the decree. The amendment, though not formal, may be regarded in the nature of a demurrer, and will be so treated. Under the statute authorizing the incorporation of a demurrer in the answer, and the liberal construction placed upon the statute of amendments, a defendant has the right to amend his answer at any time before final decree by incorporating a demurrer therein.—Shaw v. Lindsay, 60 Ala. 344. But a denial of the right will not reverse the…
2Cases cited11 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Sims v. GainesSupreme Court of Alabama · 1879
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Caldwell v. KingSupreme Court of Alabama · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- Smith v. WilderSupreme Court of Alabama · 1960
- American Nat. Bank & Trust Co. v. PowellSupreme Court of Alabama · 1937
- Wright v. WrightSupreme Court of Alabama · 1935
- Crisp v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1932
15 more not listed; retrieve them via the Exa API.