Herstein v. Walker
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. This case was before this court at a former term, as shown; by the report in 85 AÍa. 37, where it is erroneously stated that, the chancellor, not only sustained the plea of non-claim, but; “ dismissed the bill.” The decree there appealed from is copied: in the opinion of the court, and shows that the bill was not, formally dismissed.
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Appeal from the Chancery Court of Madison. Heard before the Hon. Thomas Cobbs. This case was before this court at a former term, as shown; by the report in 85 AÍa. 37, where it is erroneously stated that, the chancellor, not only sustained the plea of non-claim, but; “ dismissed the bill.” The decree there appealed from is copied: in the opinion of the court, and shows that the bill was not, formally dismissed. After the affirmance on that appeal, the-complainant asked leave to file a special replication to the plea of non-claim; but the chancellor overruled the application, holding that it…
1Opinion of the Court
STONE, O. J.
On May 25,1887, the following order was-made in this cause in the Chancery Court of Madison:. “ Came the parties by solicitors, and cause submitted upon defendant’s pleas, and upon pleadings and proof noted by the register, as follows, to-wit: ” Then follows a statement of the pleadings, exhibits, and some record testimony. On June 7, 1887, during the same term, the chancellor rendered the following decree: , “This cause, coming on to be-*478heard at the present term, is submitted for decree on the pleadings and proof, noted and filed by the register. After due consideration, it is…
2Cases cited5 opinions
- Cochran v. MillerSupreme Court of Alabama · 1883
- Strang v. MoogSupreme Court of Alabama · 1882
- Ex parte CresswellSupreme Court of Alabama · 1877
- Stephens v. Norris, Stodder & Co.Supreme Court of Alabama · 1848
- Herstein v. WalkerSupreme Court of Alabama · 1887
3Cited by10 opinions
- de Graffenried v. BreitlingSupreme Court of Alabama · 1915
- Crowson v. CodySupreme Court of Alabama · 1926
- Dunton v. McCookSupreme Court of Iowa · 1903
- Kimbrough v. DickinsonSupreme Court of Alabama · 1949
- McQueen v. WhetstoneSupreme Court of Alabama · 1900
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