Legal Opinion

Henderson v. Hall

Supreme Court of Alabama

Decided November 15, 1901Published

Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. Tlie bill in, t-bis case was filed by J. L. Hall and L. B. Farley, trustees, as assignees of a judgment recovered by one Hall, as receiver' of the Farley National Bank against the Alabama Terminal & Improvement Company. ' Charles Henderson, the Alabama. Terminal & Improvement Company and others were made parties defendant to the bill.

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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jere N. Williams. Tlie bill in, t-bis case was filed by J. L. Hall and L. B. Farley, trustees, as assignees of a judgment recovered by one Hall, as receiver' of the Farley National Bank against the Alabama Terminal & Improvement Company. ' Charles Henderson, the Alabama. Terminal & Improvement Company and others were made parties defendant to the bill. The purpose of the bill and the amendments thereof are sufficiently shown in the opinion. - The defendants, Charles Henderson, Jare O. Henderson, Gustavus Hendricks and John S.…

1Opinion

in response to application for rehearing.

McOLÉLLAN, -C. J.

Further investigation and consideration ha.s but served to confirm us in tire opinion that the doctrine so clearly and ably stated and declared in Donovan v. Finn, by Chancellor Sanford, and which Ave adoptedl and followed in the original decision 'of this case, is eminently sound. All the argument that has been submitted against the integrity of that doctrine -pro. ceeds upon tAvo utterly gratuitous assumptions :' First, that at law, in the absence of statute, the judgment creditor has a light to have his debtor’s choses in action…

2Cases cited18 opinions

  1. Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
  2. Ex parte HardySupreme Court of Alabama · 1880
  3. Brinkerhoff v. BrownNew York Court of Chancery · 1820
  4. Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
  5. Child v. BraceNew York Court of Chancery · 1834

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