Godwin v. McGehee
Supreme Court of Alabama
Error to the Chancery Court of Montgomery. Tried before-the Hon. J. W. Lesesne. CcoiDwm et. als., who were all judgment creditors of the Mont.gomery Rail Road Company, afte? exhausting their legal reme* dy against the Company by executions returnedno property found,” filed this bill against Abner McGehee, T. M. Cowles and others, stockholders in the Company, for the purpose of s4!> .jecting their indebtedness to the Company to the satisfaction of complainants’ judgments.
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Error to the Chancery Court of Montgomery. Tried before-the Hon. J. W. Lesesne. CcoiDwm et. als., who were all judgment creditors of the Mont.gomery Rail Road Company, afte? exhausting their legal reme* dy against the Company by executions returnedno property found,” filed this bill against Abner McGehee, T. M. Cowles and others, stockholders in the Company, for the purpose of s4!> .jecting their indebtedness to the Company to the satisfaction of complainants’ judgments. The Chancellor dismissed the bill, but his decree was reversed by the Supreme Court, (11 Ala-. R. 437,) and the cause was…
1Opinion of the Court
CHILTON, J,
Since this cause was before ús at a previous term, (15 Ala. 232,) it has been re-tried in the court below, and is again before us upon cross assignments of errors, both ¡parties being dissatisfied with portions of the chancellor’s decree.- We will first dispose of the errors assigned by the defendants to the bill.
1. It is insisted for them that the chancellor erred in charging them with interest on the amounts ascertained to be due from them to the Rail Road Company for stock.
According to the previsions of the charter of the company, if the defendants to the bill had failed to pay…
2Cases cited3 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Goodwin v. McGeheeSupreme Court of Alabama · 1849
3Cited by8 opinions
- Miller v. Jones' Adm'rSupreme Court of Alabama · 1856
- Whitworth v. HartSupreme Court of Alabama · 1853
- Crocker v. Clements' Adm'rSupreme Court of Alabama · 1853
- Betts v. GunnSupreme Court of Alabama · 1857
- Norton v. Alabama National BankSupreme Court of Alabama · 1893
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