Friedman v. Fraser
Supreme Court of Alabama
Appeal from Mobile Craucery Court. Heard before Hon. Thomas H. Smith. Bill by James D. Fraser, administrator, and others, against J. M. Friedman, executor, for the specific recovery of personal chattel and for an accounting. From a decree overruling a motion to dismiss the bill, respondent appeals.
1Opinion of the CourtAnderson, J.
— It is an elementary rule that, before complainant is entitled to relief in equity, he must have no plain and adequate remedy at law. Code 1896, § . 638; Yellow Pine Co. v. Sutherland Co., 141 Ala. 664, 37 South. 922, and cases there cited. The bill in the case at bar shows that complainant has a plain and adequate remedy at law for the specific recovery of the bonds, as well as the detached coupons, or that he can get full compensation at law for a conversion'of same. The bill does not aver that the bonds are of a peculiar and unique character, so as to render them peculiarly valuable to…
2Cases cited2 opinions
- Hulsey v. Walker CountySupreme Court of Alabama · 1906
- Yellow Pine Export Co. v. Sutherland-Innis Co.Supreme Court of Alabama · 1904
3Cited by8 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- McIntyre v. SmithCourt of Appeals of Maryland · 1928
- Chrichton v. HaylesSupreme Court of Alabama · 1912
- Lindsey v. Standard Acc. Ins. Co. of DetroitSupreme Court of Alabama · 1935
- Pryor Motor Co. v. HartsfieldSupreme Court of Alabama · 1922
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