King v. Livingston Mfg. Co.
Supreme Court of Alabama
Appeal from Sumter Chancery Court. Heard before Hon. Thos. H. Smith. Rill by R. L. King against the Livingston Manufacturing Company and others. Decree for defendants, and complainant appeals.
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Appeal from Sumter Chancery Court. Heard before Hon. Thos. H. Smith. Rill by R. L. King against the Livingston Manufacturing Company and others. Decree for defendants, and complainant appeals. The original bill was filed by King, as a stockholder, for himself and for other stockholders, against the corporation and its board of directors, and alleges that the corporation ivas capitalized at $50,000, and was so cajfitalized and organized in the year 1903, and that $40,000 was actually paid iu before operations were begun; that the parties named were directors of said company, and that orator,…
1Opinion of the CourtSomerville, J.
As we read the original bill, it must be regarded merely as a. suit for damages of purely legal cognizance.
By amendment, however, it has become a bill for equitable discovery and relief, and we think the amendment works no departure from the original bill, since the relief sought is the same, and the discovery is merely in aid of that relief.
Where a purely legal claim is presented, equity will not entertain it, except by way of giving complete relief, where the bill exhibits some associated equity. And, with respect to equitable discovery, the bill is sufficient, if it shows that the…
2Cases cited11 opinions
- Tyler v. SavageSupreme Court of the United States · 1892
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- McCord v. Western Union Telegraph Co.Supreme Court of Minnesota · 1888
- Crothers v. LeeSupreme Court of Alabama · 1856
- Shackelford v. BankheadSupreme Court of Alabama · 1882
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3Cited by46 opinions
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- Cartwright v. BralySupreme Court of Alabama · 1928
- Williams v. BedenbaughSupreme Court of Alabama · 1926
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
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