Jefferson County Savings Bank v. Francis
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on February 20, 1890, by the appellees, R. W. Francis and John S. Storrs, against the Jefferson County Savings Bank. The purposes and averments of the bill and the facts of the case are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on February 20, 1890, by the appellees, R. W. Francis and John S. Storrs, against the Jefferson County Savings Bank. The purposes and averments of the bill and the facts of the case are sufficiently stated in the opinion. The bill in this case is without equity. — That Francis’ interest in the property and assets of the Excelsior company was not such as to authorize relief under the bill in this cause, is settled by the following decisions : Parker v. Bethel Hotel Co., 34 So. West.…
1Opinion of the CourtBrickell, C. J.
The bill of complaint in this cause was filed on February 20th, 1890, and thereafter and before answer the defendant filed a motion to dismiss the bill for want of equity and a demurrer. The demurrer was overruled, but no action was taken on the motion to dismiss. Thereupon the defendant filed its answer, and after the taking of testimony the cause was submitted for decree on November 14th, 1895, and on the same day a decree was rendered declaring the complainants entitled to relief, and ordering a reference to the register. Upon the coining in of the register’s report, there being no…
2Cases cited5 opinions
- Decatur Mineral Land Co. v. PalmSupreme Court of Alabama · 1896
- Tuscaloosa Manufacturing Co. v. CoxSupreme Court of Alabama · 1880
- Merchants & Planters Line v. WaganerSupreme Court of Alabama · 1882
- Roman v. WoolfolkSupreme Court of Alabama · 1893
- Bridgeport Development Co. v. TritschSupreme Court of Alabama · 1895
3Cited by6 opinions
- AMERICAN LIFE INSURANCE COMPANY v. PowellSupreme Court of Alabama · 1954
- State ex rel. Johnson v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1902
- Kirby v. Ft. Payne Co.Supreme Court of Alabama · 1926
- Harton v. JohnstonSupreme Court of Alabama · 1909
- AMERICAN LIFE INSURANCE COMPANY v. PowellSupreme Court of Alabama · 1954
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