Billing v. Gilmer
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the "United States for the Middle District of Alabama. This was a bill in equity, brought by James N. Gilmer against Josiah Morris and F. M. Billing, to compel a transfer of certain corporate stock, and an accounting for dividends thereon. Morris having died, his executors, B. J. Baldwin, Hulit Baldwin, and F. M. Billing, were substituted as defendants.
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Appeal from the Circuit Court of the "United States for the Middle District of Alabama. This was a bill in equity, brought by James N. Gilmer against Josiah Morris and F. M. Billing, to compel a transfer of certain corporate stock, and an accounting for dividends thereon. Morris having died, his executors, B. J. Baldwin, Hulit Baldwin, and F. M. Billing, were substituted as defendants. An opinion was rendered on a plea setting up a prior adjudication (4(i Fed. 333), and afterwards there was a decree for complainant (05 Fed. 775), from which this appeal is taken.
1Opinion of the Court
TOULMIN, District Judge.
This was a bill filed by appellee, J. M. Gilmer, on the 9th day of January, 1890, against Josiah Morris and F. M. Billing, to compel the transfer of 60 shares of the capital stock of the Elyton Land Company, a corporation under the laws of Alabama, which stock appellee alleges he had pledged with Morris; and to compel Morris to account to him for the dividends thereon. The substance of the bill is that in 1870 the appellee, being the owner of certain stock of the Elyton Land Company, and being indebted" to appellant Josiah Morris for money paid for him on account of…
2Cases cited13 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Durant v. Essex Co.Supreme Court of the United States · 1869
- Richards v. MacKallSupreme Court of the United States · 1888
- Lyon v. Perin & Gafe Manufacturing Co.Supreme Court of the United States · 1888
- House v. MullenSupreme Court of the United States · 1875
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- State ex rel. Schmidt v. Superior CourtWashington Supreme Court · 1911
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- Billing v. GilmerCourt of Appeals for the Fifth Circuit · 1894