Waldron, Isley & Co. v. Simmons
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Wade Keyes. This bill was filed by the appellants, in October, 1854, to enforce the payment of a debt, due to them by the late firm of Simmons, Stewart & Co., out of the estate of Austin A. Stewart, a deceased partner, and alleged that the said firm and its surviving partners were insolvent.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Wade Keyes. This bill was filed by the appellants, in October, 1854, to enforce the payment of a debt, due to them by the late firm of Simmons, Stewart & Co., out of the estate of Austin A. Stewart, a deceased partner, and alleged that the said firm and its surviving partners were insolvent. The chancellor dismissed the bill, for want of equity, — holding that the complainants had a plain and adequate remedy at law, under section 2142 of the Code, and had, therefore, under section 602, no right to come into equity; and his decree…
1Opinion of the CourtBice, C. J.
It is clear that, originally, a court of equity had jurisdiction in any such case as that made by the bill; and that a plain and adequate remedy, in every such case, was provided in the courts of law, by section 2142 of the Code. The simple question, therefore, is, whether the jurisdiction originally exercised in such a case by a court of equity, is annihilated by section 602 of the Code.
The words of that section are as follow : “ The powers and jurisdiction of courts of chancery extend : 1. To all civil causes in which a plain and adequate remedy is not provided in the other judicial…
2Cases cited2 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Dement v. Adm'rs of BoggessSupreme Court of Alabama · 1848
3Cited by21 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Stewart's Adm'r v. Stewart's HeirsSupreme Court of Alabama · 1857
- Hall v. HallSupreme Court of Alabama · 1869
- Williams v. AverySupreme Court of Alabama · 1861
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