Roman v. Dimmick
Supreme Court of Alabama
Appeals from tlie City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. . These two cases are identical in every feature except the name of the appellant and the amount sued for. Each of the appellants filed a bill in the city court of Montgomery against the appellees alleging the recovery of a judgment against the Montgomery Iron Works, the issue of execution and the return ..of “No property found.”
Read the full summary
Appeals from tlie City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. . These two cases are identical in every feature except the name of the appellant and the amount sued for. Each of the appellants filed a bill in the city court of Montgomery against the appellees alleging the recovery of a judgment against the Montgomery Iron Works, the issue of execution and the return ..of “No property found.” Each bill alleges that the defendants failed to pay for stock subscribed, or paid for it in property at an insufficient value, and prays that defendants, may be required to…
1Opinion of the CourtTyson, J.
“When a suit at law and a bill in chancery are instituted for the same claim, the opposite party, on suggestion supported by affidavit, may move the court in term time, or the chancellor in vacation, to inspect the records; and if it appear that two suits are *537for one and the same cause of action, it shall be ordered that the plaintiff or claimant elect in which he will proceed, and that he dismiss the other.” — Rule of Practice 114,. p. 1227. This rule is in the same language as rule 108 in the revised Code, p. 840, and in effect when the case of Dunlap v. Newman et al., 52 Ala. 178, was…
2Cases cited1 opinion
- Dunlap v. NewmanSupreme Court of Alabama · 1875
3Cited by1 opinion
- Ex Parte Barclay-Hays Lumber Co.Supreme Court of Alabama · 1924