Dugger v. Tutwiler
Supreme Court of Alabama
Appeal from the Chancery Court of Hale. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellant, R. B. Dugger, against P. A. Tutwiler, C. S. Tutwiler and Henry T. Young. This is the second appeal in this case. Tutwiler v. Dugger, 127 Ala. 191. . After the reversal of the decree and the remandment of the cause, the bill was amended.
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Appeal from the Chancery Court of Hale. Heard before the Hon. Thomas H. Smith. The bill in this case was filed by the appellant, R. B. Dugger, against P. A. Tutwiler, C. S. Tutwiler and Henry T. Young. This is the second appeal in this case. Tutwiler v. Dugger, 127 Ala. 191. . After the reversal of the decree and the remandment of the cause, the bill was amended. The averments of the amended bill relating to the purchase of the land, the organization of the partnership and the purposes for which the partnership was formed, are set forth in the opinion In the amended bill the following…
1Opinion of the CourtHaralson, J.
Bill for settlement of partnership.
1. In sncli a suit, “.The essential allegations of the bill of complaint are, the fact of partnership between the parties, a dissolution or the grounds for seeking one, and unsettled accounts growing out of the partnership business. When all these facts appear, the hill is good on demurrer.”—15 Ency. Pl. & Pr., 1082; Glover v. Hembree, 82 Ala. 324. The simple averment that a partnership was formed between the parties is a mere conclusion of the pleader. Whether or not in any instance one was created, is a question of law to be determined on facts stated. In…
2Cases cited7 opinions
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Glover v. HembreeSupreme Court of Alabama · 1886
- Underhill v. Mobile Fire Department InsuranceSupreme Court of Alabama · 1880
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- Tutwiler v. DuggerSupreme Court of Alabama · 1899
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3Cited by10 opinions
- Lake v. SealySupreme Court of Alabama · 1936
- Treadaway v. StansellSupreme Court of Alabama · 1919
- Hunter v. ParkmanSupreme Court of Alabama · 1950
- Ard v. AbeleSupreme Court of Alabama · 1933
- Copeland v. KingSupreme Court of Alabama · 1932
5 more not listed; retrieve them via the Exa API.