Continental Life Insurance v. Webb
Supreme Court of Alabama
Appeal from Chancery Court of Hale. Heard before Hon. Charles Turner. The original bill, in this cause, was filed on the 19tb of September, 1874, by James E. Webb, as administrator of Lucy T. Sbeppard, deceased, against Waller, as personal representative of Catherine Drake and William B. Drake; Garrett, as administrator de bonis non of Alpheus Drake, deceased ; Ida B. Casey, a minor; Mirian French and her husband, W. H. Drake, Wm.
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Appeal from Chancery Court of Hale. Heard before Hon. Charles Turner. The original bill, in this cause, was filed on the 19tb of September, 1874, by James E. Webb, as administrator of Lucy T. Sbeppard, deceased, against Waller, as personal representative of Catherine Drake and William B. Drake; Garrett, as administrator de bonis non of Alpheus Drake, deceased ; Ida B. Casey, a minor; Mirian French and her husband, W. H. Drake, Wm. R. Lanier, a minor; and the Continental Life Insurance Company, of New York. The case made by the bill was thus: In 1868, the Continental Life Insurance Company, of…
1Opinion of the CourtBbickell, C. J.
1. “ A cross bill ex vi terminorum, implies a bill by a defendant against the plaintiff in the same suit, or against other defendants in the same suit, or against both, touching the matters in question in the original bill.” Story’s Eq. PL § 389; 2 Dan. Ch. Pr. 1548. It is regarded as an auxiliary to, or as a dependency upon the original suit; and its subject matter is that of the original bill. New and distinct matter, not pertaining to that of the original bill, cannot be introduced by cross bill, and made the foundation of a decree. — 2 Dan. Oh. Pr. 1548; Nelson v. Dunn, 15 Ala. 513. A…
2Cases cited11 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Travis v. MorrisonSupreme Court of Alabama · 1856
- Crothers v. LeeSupreme Court of Alabama · 1856
- Dill v. ShahanSupreme Court of Alabama · 1854
- Horton v. MoseleySupreme Court of Alabama · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- King v. Livingston Mfg. Co.Supreme Court of Alabama · 1912
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- County of Cook v. DavisIllinois Supreme Court · 1892
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
43 more not listed; retrieve them via the Exa API.