Legal Opinion
Davis v. Kemp
Supreme Court of Alabama
Decided December 20, 1917No. 1 Div. 9PublishedCited by 2 opinions
Appeal from Circuit Court, Mobile County; Norvelle R. Leigh, Jr., Judge. Bill by W. H. Kemp against A. J. Davis and another, to fasten the lien or for an injunction. From a decree overruling demurrers to the bill, respondents appeal.
1Opinion of the CourtMayfield, J.
The bill is somewhat unusual. It is difficult to denominate it with certainty, otherwise than as one seeking an injunction, or a receiver in the alternative. The prayer, omitting formal parts, is:
“That this honorable court declare that complainant has a lien upon said cows to secure the payment of the unpaid purchase price therefor, and will further decree that the same be sold at such time and under such conditions as to this honorable court may seem proper, for the payment of the unpaid purchase price therefor, or, should this honorable court find and decree that complainant is not entitled…
2Cases cited5 opinions
- Iron Age Publishing Co. v. Western Union Telegraph Co.Supreme Court of Alabama · 1887
- McCurry v. GibsonSupreme Court of Alabama · 1895
- Roquemore & Hall v. Mitchell Bros.Supreme Court of Alabama · 1910
- Electric Lighting Co. v. Mobile & Spring Hill Railway Co.Supreme Court of Alabama · 1895
- American Laundry Co. v. E. & W. D. C. Co.Supreme Court of Alabama · 1917
3Cited by2 opinions
- Segrest v. BrownSupreme Court of Alabama · 1955
- Kemp v. DonovanAlabama Court of Appeals · 1919