Jacoby v. Goetter, Weil & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Conecuh. Heard before the Hon. John A. Foster. ■ The bill in this case was filed by Goetter, Weil & Co., a mercantile partnership doing business in the city of Montgomery, against M. H Jacoby and Mark Weis; and sought to set aside, on the ground of fraud, a sale of a stock of goods by said Jacoby to said Weis.
Read the full summary
Appeal from the Chancery Court of Conecuh. Heard before the Hon. John A. Foster. ■ The bill in this case was filed by Goetter, Weil & Co., a mercantile partnership doing business in the city of Montgomery, against M. H Jacoby and Mark Weis; and sought to set aside, on the ground of fraud, a sale of a stock of goods by said Jacoby to said Weis. The complainants were creditors of said Jacoby, for the price of goods sold and delivered, for which they held his several promissory notes, dated May 6th, 1882, and payable in July, August, October, November, and December next after date; and they…
1Opinion of the CourtStone, J.
— This cause was submitted on briefs near the close of the last term, and we were not informed it was a preferred case. Had we been so informed, it would have been *429decided during that term, in obedience to the statute.. — Code of 1876, § 3922.
The present appeal is from an interlocutory decree of the chancellor, refusing to dissolve the injunction, which was moved for on several enumerated grounds. First, want of equity in the bill. There can be no question that the bill contains equity. — Code of 1876, §§ 3846-7. Second, because the affidavit to the bill is insufficient. This is no ground for…
2Cases cited2 opinions
- Jones v. EwingSupreme Court of Alabama · 1876
- Tillman v. SpannSupreme Court of Alabama · 1880
3Cited by17 opinions
- National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
- Sims v. RigginsSupreme Court of Alabama · 1917
- Riley v. WilkinsonSupreme Court of Alabama · 1945
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
- Woodward v. StateSupreme Court of Alabama · 1911
12 more not listed; retrieve them via the Exa API.