Warren v. Kilgroe
Supreme Court of Alabama
Appear from St. Clair Chancery Court. Heard before Hon. W. W. Whiteside. Bill by T. Johnse Kilgroe against the Farmers’ Union Warehouse & Storage Company and others to collect and marshal assets for the benefit of creditors. From a decree appointing a receiver and granting an injunction, George E. Warren and others, execution creditors, appeal.
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Appear from St. Clair Chancery Court. Heard before Hon. W. W. Whiteside. Bill by T. Johnse Kilgroe against the Farmers’ Union Warehouse & Storage Company and others to collect and marshal assets for the benefit of creditors. From a decree appointing a receiver and granting an injunction, George E. Warren and others, execution creditors, appeal. The bill was subsequently amended by alleging that certain creditors had, since the filing of the bill, procured judgment against the corporation, and had execution levied upon the property; and an injunction is sought, restraining further proceedings…
1Opinion of the CourtMcCLELLAN, J.
According to the certificate of appeal, review is now sought of the chancellor’s action “overruling the motion to dissolve the injunction for want of equity in the bill.” The consideration here Avill be restricted to that action.
The original bill was filed by a simple contract creditor, and so on behalf of all other creditors. It was later amended; but this amendment did not alter its theory nor interpose a named complainant of greater dignity of claim against the corporation. As amended, the bill avers that complainant is a creditor, holding a promissory note of the Farmers’ Union Warehouse…
2Cases cited5 opinions
- O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Goodyear Rubber Co. v. George D. Scott Co.Supreme Court of Alabama · 1892
- City Bank & Trust Co. v. LeonardSupreme Court of Alabama · 1910
- Dickinson v. TraphaganSupreme Court of Alabama · 1906
3Cited by7 opinions
- Alabama, T. & N. Ry. v. TolmanSupreme Court of Alabama · 1917
- Pankey v. LippmanSupreme Court of Alabama · 1914
- Sherrill v. HutsonSupreme Court of Alabama · 1914
- Sugar Factories Const. Co. v. FiesSupreme Court of Alabama · 1925
- Henderson v. GarnerSupreme Court of Alabama · 1917
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