Dunham Lumber Co. v. Holt
Supreme Court of Alabama
Appeal from Montgomery Chancery Court. Heard before Hon. W. L. Park. This cause is a suit in equity brought by the Dunham Lumber Company against Holt. The purpose of the bill was to set aside the award of arbitrators and to compel the allowance of a set-off against the award. Hole brought suit against the Lumber Company in the circuit court-to recover certain sums alleged to be due him from the company by account extending over several years.
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Appeal from Montgomery Chancery Court. Heard before Hon. W. L. Park. This cause is a suit in equity brought by the Dunham Lumber Company against Holt. The purpose of the bill was to set aside the award of arbitrators and to compel the allowance of a set-off against the award. Hole brought suit against the Lumber Company in the circuit court-to recover certain sums alleged to be due him from the company by account extending over several years. Pending this suit there was an agreement.to submit the matters involved to arbitration, and the suit was dismissed. The 'arbitrators made an award, but…
1Opinion of the CourtTyson, J.
— When this cause was here on.a former appeal, this court retained the bill solely on account of the equity it contained growing out of the averment that Holt “is utterly insolvent and that he owns no property liable to the demands of complainant and subject to process for collection of debts under the laws of. Alabama.”. The demand which the complainant seeks, to set-off against the judgment which Holt recovered against it, ■and to be allowed to retain, as shown by the allegations of- the bill, grows out of the collection by him as secretary and treasurer of complainant company of certain…
2Cases cited8 opinions
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Barnard v. DavisSupreme Court of Alabama · 1875
- Rice & Wilson v. TobiasSupreme Court of Alabama · 1887
- White v. WigginsSupreme Court of Alabama · 1858
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