Hill v. Hill
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; I-Iugli A. Locke, Judge. Bill by O. C. Hill against Mose Hill to settle and dissolve a partnership. Decree for complainant, and respondent appeals. The original bill of complaint was filed for the purpose of dissolving a mercantile partnership formed by agreement between complainant and-respondent in March, 1911, at Tarpley City, in Jefferson county, Ala., where the business was conducted.
Read the full summary
Appeal from Circuit Court, Jefferson County; I-Iugli A. Locke, Judge. Bill by O. C. Hill against Mose Hill to settle and dissolve a partnership. Decree for complainant, and respondent appeals. The original bill of complaint was filed for the purpose of dissolving a mercantile partnership formed by agreement between complainant and-respondent in March, 1911, at Tarpley City, in Jefferson county, Ala., where the business was conducted. There is also a prayer for an accounting as to partnership affairs, and for the payment to complainant of such a proportion of the assets as he might he-…
1Opinion of the CourtSomerville, J.
[1] The allegations of the bill of complaint as last amended do not show any departure from the cause of action exhibited, or from the nature oi the relief sought, by the original bill. The partnership as to which dissolution and settlement are sought is obviously one and the same, and its identity is not impeached by the elimination of immaterial allegations as to its origin and inducements, or by the addition of allegations showing terms which are variant from those originally alleged.
The subject-matter and the relief remaining substantially unchanged, the amendment was properly allowed as…
2Cases cited6 opinions
- Austin v. BeanSupreme Court of Alabama · 1894
- Saunders v. McDonoughSupreme Court of Alabama · 1914
- McGhee v. AlexanderSupreme Court of Alabama · 1893
- Causler v. WhartonSupreme Court of Alabama · 1878
- Ward v. PattonSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Heller v. BerlinSupreme Court of Alabama · 1923
- Copeland v. KingSupreme Court of Alabama · 1932
- Young v. DeanSupreme Court of Alabama · 1950
- Martin v. CampbellSupreme Court of Alabama · 1922