Campbell v. Crawford
Supreme Court of Alabama
Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 2d July, 1879, by Nelson A. Crawford, on behalf of himself and the other creditors of Patrick, Irwin & Co., against Robert M. Campbell; and sought an account and settlement of an assignment executed by said Patrick, Irwin & Co. to said Campbell, as trustee, for the benefit of their creditors.
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Appeal from the Chancery Court of Sumter. Heard before the Hon. A. W. Dillard. The bill in this case was filed on the 2d July, 1879, by Nelson A. Crawford, on behalf of himself and the other creditors of Patrick, Irwin & Co., against Robert M. Campbell; and sought an account and settlement of an assignment executed by said Patrick, Irwin & Co. to said Campbell, as trustee, for the benefit of their creditors. The defendant filed a plea, verified by affidavit, as follows: “Comes the defendant, and pleads, that the bill of complaint exhibited against him in this cause is not exhibited against…
1Opinion of the CourtBrickell, C. J.
The jurisdiction of a Court of Chancery depends, not only on the subject-matter, but, when the parties defendant reside in this State, and’ the suit does not relate, to real estate, or to the injunction of proceedings in other courts, the residence of the defendants, or of a material defendant, is an element of jurisdiction. The statute is mandatory, that the bill must; except in the cases specified, be filed in the district in which the defendants, or a material defendant, resides. — Code of 1876, § 3760. A bill, disclosing on its face that it is not filed in the.district of residence of a…
2Cases cited4 opinions
- Lewis v. ElrodSupreme Court of Alabama · 1861
- Freeman v. McBroomSupreme Court of Alabama · 1847
- Porter v. WorthingtonSupreme Court of Alabama · 1848
- Shrader v. WalkerSupreme Court of Alabama · 1845
3Cited by17 opinions
- Boyd v. Warren Paint & Color Co.Supreme Court of Alabama · 1950
- Hammons v. HammonsSupreme Court of Alabama · 1933
- Harwell v. Lehman, Durr & Co.Supreme Court of Alabama · 1882
- Pucket v. PucketSupreme Court of Alabama · 1911
- Allen v. ZickosAlabama Court of Appeals · 1953
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