Goodwin v. McGehee
Supreme Court of Alabama
Error to the Chancery Court of Montgomery. Before the Hon. J. W. Lesesne, Chancellor. This bill was filed by the plaintiffs in error against the holders of the stock in the Montgomery Rail Road Company, to subject the amount due from the defendants as such stockholders, to the payment of their several judgments rendered in favor of the plaintiffs respectively on the first Monday in March, 1840, and upon which the plaintiffs aver they have exhausted their legal remedy by…
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Error to the Chancery Court of Montgomery. Before the Hon. J. W. Lesesne, Chancellor. This bill was filed by the plaintiffs in error against the holders of the stock in the Montgomery Rail Road Company, to subject the amount due from the defendants as such stockholders, to the payment of their several judgments rendered in favor of the plaintiffs respectively on the first Monday in March, 1840, and upon which the plaintiffs aver they have exhausted their legal remedy by returns of nulla bona, on executions which have been issued on said judgments. The bill was filed on the 22d of May, 1841,…
1Opinion of the CourtChilton, J.
1. It is insisted that the chancellor erred in dismissing the amended and supplemental bills ; that the amendment is a part of the original bill, and they must stand or fall together.
It is sufficient to reply to this objection, that the previous decision* of this cause by this court required them to be done, and that decision must stand as the law of the case. Johnson et al. v. Glascock et al. 2 Ala. Rep. 522; ex parte Sibbald, 12 Peters, 492.
2. There was certainly no necessity for a reference to the master to ascertain the time when each of the bonds secured by the trust deed was assigned or…
2Cases cited10 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- McKinley v. IrvineSupreme Court of Alabama · 1848
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bone v. HayesCalifornia Supreme Court · 1908
- O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Savage v. BenhamSupreme Court of Alabama · 1849
23 more not listed; retrieve them via the Exa API.