Abraham v. Hall
Supreme Court of Alabama
APPEAL from the Chancery Court of Autauga. Heard before the Hou. Charles Turner. Joseph L. Hall and William Lee, the husband and trustee of Louisa B. Lee, filed their bill of complaint in the Chancery Court of Autauga county, against Joseph Abraham, Isaac Abraham, and William Nunn, to enforce the landlord’s lien.
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APPEAL from the Chancery Court of Autauga. Heard before the Hou. Charles Turner. Joseph L. Hall and William Lee, the husband and trustee of Louisa B. Lee, filed their bill of complaint in the Chancery Court of Autauga county, against Joseph Abraham, Isaac Abraham, and William Nunn, to enforce the landlord’s lien. The complainants allege that they are the owners of a tract of land in Autauga county known as the “ Hall Place,” and rented the same to George Beese, for the year 1873, for •one bale of cotton. The said Beese entered upon and cultivated the said premises, and produced and gathered…
1Opinion of the Court
BRICKELL, C. J.—
A bill must necessarily disclose a case which falls within the jurisdiction of a court of equity— an error in this respect is fatal in any stage of the proceedings, and. can not be cured by consent or waiver.—Story's Eq. PI. § 10. The principle however applies to jurisdiction of the court, as to the subject matter and not to jurisdiction as dependent on the residence of the parties, or the amount in controversy. It is the rule in this State that the court will not take jurisdiction if the amount in controversy does not exceed twenty dollars; and if on the final hearing, the…
2Cases cited4 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Cowan v. JonesSupreme Court of Alabama · 1855
- Foster v. WestmorelandSupreme Court of Alabama · 1875
3Cited by6 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Coffey v. HuntSupreme Court of Alabama · 1883
- Winter v. City CouncilSupreme Court of Alabama · 1885
- Kelly v. WollnerSupreme Court of Alabama · 1918
- Hooks v. HooksSupreme Court of Alabama · 1948
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