Legal Opinion

Pruitt v. McWhorter

Supreme Court of Alabama

Decided December 15, 1883PublishedCited by 10 opinions

Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. The bill in this case was filed by McCormick Pruitt, against B. S. McWhorter, and sought a settlement of the accounts of á partnership in merchandizing, which had existed between the parties under the name of McWhorter & Pruitt.

Read the full summary

Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. The bill in this case was filed by McCormick Pruitt, against B. S. McWhorter, and sought a settlement of the accounts of á partnership in merchandizing, which had existed between the parties under the name of McWhorter & Pruitt. After answer filed, the chancellor ordered a statement of the accounts by the register; and several exceptions to his report, as to contested items in the account, were reserved by each of the parties. The chancellor overruled all of the complainant’s exceptions, eight in number, and all…

1Opinion of the Court

SOMERYILLE, J".

— We have examined the testimony contained in this record with great care, and can discover no error prejudicial to the appellant The assignments of error are all based upon exceptions taken to the register’s report. The findings of the register, so far as approved by the chancellor, seem to be sustained, in most cases; by a preponderance of. the evidence. In no instance can we clearly see that any one of the exceptions is well taken. Many of these exceptions,moreover, are not taken in accordance with the requirements of the '93d Rule of Chancery Practice. — Code, 1876, p. 174;…

2Cited by10 opinions

  1. Black v. PateSupreme Court of Alabama · 1900
  2. Darrow v. DarrowSupreme Court of Alabama · 1918
  3. Owens v. StateSupreme Court of Alabama · 1926
  4. Commercial Inv. Trust, Inc. v. EastSupreme Court of Alabama · 1927
  5. Southern Ry. Co. v. LeardSupreme Court of Alabama · 1905

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API