McDonnell & Co. v. Finch
Supreme Court of Alabama
Appeal from the 'Chancery Court of Conecuh. Heard before the Hon. William L. Parks. The hill of complaint in this cause was filed on the 8th day of March, 1898, by numerous creditors of Lewis Finch, who was then lately engaged in the mercantile business at Evergreen, Alabama, and alleged among other things, that on the 28th day of January, 1898, while their respective demands against him were existing, and while indebted to various other parties, aggregating in all about…
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Appeal from the 'Chancery Court of Conecuh. Heard before the Hon. William L. Parks. The hill of complaint in this cause was filed on the 8th day of March, 1898, by numerous creditors of Lewis Finch, who was then lately engaged in the mercantile business at Evergreen, Alabama, and alleged among other things, that on the 28th day of January, 1898, while their respective demands against him were existing, and while indebted to various other parties, aggregating in all about $12,000 or $15,000', and while utterly insolvent, attachments were sued out against his estate by the Bank of Evergreen and…
1Opinion of the CourtTyson, J.
Leaving out of view all conclusions of the pleader, and confining our consideration to the facts alleged in the bill, a clear case is- made to have the writs ■of attachments! declared fraudulent. — First Nat. Bank v. Acme White Lead & Color Co., 123 Ala. 344, and •cases cited. Indeed, it is the only relief that could be granted upon proof of the facts averred. Clearly no case is made by it to have the attachments declared •a general assignment. As a bill for that purpose with the conclusions of the pleader in or out of it and the special prayer in or eliminated, it would be without •equity. —…
2Cases cited15 opinions
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Ex parte SmithSupreme Court of Alabama · 1859
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Builders' & Painters' Supply Co. v. Lucas & Co.Supreme Court of Alabama · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rosenau v. PowellSupreme Court of Alabama · 1911
- McClinton v. ChapinSupreme Court of Florida · 1907
- Davis v. DanielsSupreme Court of Alabama · 1920
- Stacey v. JonesSupreme Court of Alabama · 1912
- Belzoni Oil Co. v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1908
9 more not listed; retrieve them via the Exa API.