Southern Steel Co. v. Hopkins
Supreme Court of Alabama
Appeal from Jefrerson chancery Court. Heard before Hon. A. H. Benners. Bill by the 'Southern Steel Company against Wiley Hopkins, administrator, and others, to enjoin 110 suits at law pending the determination of a defense applicable to each. From a decree dismissing the bill complainant-appeals.
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Appeal from Jefrerson chancery Court. Heard before Hon. A. H. Benners. Bill by the 'Southern Steel Company against Wiley Hopkins, administrator, and others, to enjoin 110 suits at law pending the determination of a defense applicable to each. From a decree dismissing the bill complainant-appeals. “Where one party is subjected to numerous and vexatious actions at law, he may come into chancery because the necessity for numerous suits, or defenses to numerous suits at laiv is in itself such a Avrong and vexation as vests him with an equity,” provided there be some common question or defense…
1Opinion of the Court
TYSON, C. J.—
Two questions only are involved in this appeal: One, whether the appellant was a party who could file the bill; second, whether the court has jurisdiction of the case made. The lower court dismissed the bill for want of equity, deciding both points against the appellant.
The appellant is the resultant or successor and assign by consolidation of two corporations — one the Alabama Steel & Wire Company, and the" other the Underwood Coal & Iron Company — in December, 1905. The Alabama Steel & Wire Company having been sued at law on a liability existing prior to the consolidation, the…
2Cases cited24 opinions
- Pritchard v. NortonSupreme Court of the United States · 1882
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Brown v. New JerseySupreme Court of the United States · 1899
- Hale v. AllinsonSupreme Court of the United States · 1903
19 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sugg v. SmithCourt of Appeals of Texas · 1918
- Hamilton v. Alabama Power Co.Supreme Court of Alabama · 1915
- Roanoke Guano Co. v. SaundersSupreme Court of Alabama · 1911
- Southern Steel Co. v. HopkinsSupreme Court of Alabama · 1911
- Cumberland Telephone & Telegraph Co. v. WilliamsonMississippi Supreme Court · 1910
14 more not listed; retrieve them via the Exa API.