Cottingham v. Greely
Supreme Court of Alabama
Appeal from the Chancery Court of Bibb. Heard before the Hon. Trios. H. Smith, The bill in .this ease was filed by the appellees'as judgment creditors of E. N. Cottingham & Co., and averred that prior to December 23d, 1892, the complainants were the creditors of E. N. Cottingham & Co., a firm carrying on a mercantile business and composed of E. N. Cottingham and J. L. Suttle; that judgment was recovered on their claims and execution issued on said judgment and returned “No…
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Appeal from the Chancery Court of Bibb. Heard before the Hon. Trios. H. Smith, The bill in .this ease was filed by the appellees'as judgment creditors of E. N. Cottingham & Co., and averred that prior to December 23d, 1892, the complainants were the creditors of E. N. Cottingham & Co., a firm carrying on a mercantile business and composed of E. N. Cottingham and J. L. Suttle; that judgment was recovered on their claims and execution issued on said judgment and returned “No property found;” that on December 23d, 1892, E. N. Cottingham & Co. executed a bill of sale of their mercantile business…
1Opinion of the CourtTyson, J.
The appellants seek a review of a decree in their favor sustaining the first assignment of demurrer interposed by them and overruling their motion to dismiss the complainants’ bill for want of equity, and other grounds of demurrer assigned by them.
There was no amendment by the complainants of their bill to meet the defect pointed out by the demurrer which the chancellor sustained, and until the bill is amended the complainants have no cause in court, and should they fail to make the amendment within the time réquired by the order of the court the appellants go out *482of court with their costs.…
2Cases cited1 opinion
- Watson v. Jones Bros.Supreme Court of Alabama · 1898
3Cited by9 opinions
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Coleman v. ButtSupreme Court of Alabama · 1900
- Pope v. LedbetterSupreme Court of Alabama · 1927
- Esslinger v. HerringSupreme Court of Alabama · 1905
- Kinney v. Reeves & Co.Supreme Court of Alabama · 1903
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