Montgomery & Florida Railway Co. v. McKenzie
Supreme Court of Alabama
Prom the Chancery Court of Montgomery. Heard before the Hon. John A. Poster. These two cases were argued and submitted together, involving the same legal questions, and substantially the same facts.
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Prom the Chancery Court of Montgomery. Heard before the Hon. John A. Poster. These two cases were argued and submitted together, involving the same legal questions, and substantially the same facts. The bill in each case was filed on the 26th April, 1888; in one case, by B. B. McKenzie, against the Montgomery & Florida Railway Company; and in tbe other, by said McKenzie and others, against the Southern Railway Construction & Land Company, a private corporation organized under the general statutes. The complainants in each case claimed to be creditors at large of the defendant corporation,…
1Opinion of the CourtStone, C. J.
These suits in equity were instituted by persons styling and describing themselves as creditors without a lien, under the act “to extend the jurisdiction of courts of chancery,” approved March 8, 1871 — Sess Acts, 34; Code of 1876, § 3887' — as amended by the Code of 1886, § 3545. The statute, as first enacted, limited its remedial effect to claims [judgments] on which executions had been issued, and returned “no property.” The amendment extended its terms to creditors without a lien or judgment ; and the present bills are filed under the amendatory clause. The bills are filed against…
2Cases cited23 opinions
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- Ex parte HardySupreme Court of Alabama · 1880
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Smith's v. CockrellSupreme Court of Alabama · 1880
18 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Smith v. SmithSupreme Court of Alabama · 1950
- Ex Parte ThompsonSupreme Court of Alabama · 1933
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Wiggins & Johnson v. WilliamsSupreme Court of Florida · 1895
- Tillery v. Commercial Nat. Bank of AnnistonSupreme Court of Alabama · 1941
23 more not listed; retrieve them via the Exa API.