Culver v. Guyer
Supreme Court of Alabama
Appeal from tbe 'Chancery Court of Morgan. Heard before tbe Hon. William H. Simpson. Tbe bill in tbis case was filed on March 24, 1898, by tbe appellees, Pascbal A. Guyer, against tbe appellant, D. M. Winton, and averred tbe following facts: Tbe complainant bad taken out a policy of life insurance in tbe New York Life Insurance Company. • Not having tbe money to pay one of tbe premiums, be borrowed tbe sum from tbe defendant Winton, executing bis note tberefor.
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Appeal from tbe 'Chancery Court of Morgan. Heard before tbe Hon. William H. Simpson. Tbe bill in tbis case was filed on March 24, 1898, by tbe appellees, Pascbal A. Guyer, against tbe appellant, D. M. Winton, and averred tbe following facts: Tbe complainant bad taken out a policy of life insurance in tbe New York Life Insurance Company. • Not having tbe money to pay one of tbe premiums, be borrowed tbe sum from tbe defendant Winton, executing bis note tberefor. On March 19, 1897, upon another premium becoming due be again borrowed tbe money to pay tbe same from Winton; executing at tbe time…
1Opinion of the CourtMcOLELLAN, C. J.
The verification of the bill of complaint was sufficient without the subscription of the affiant to the affidavit; the rule of practice not requiring subscription.—Rule 15, Code, p. 1205; 1 Ency. Pl. & Pr. 315; Watts v. Womack, 44 Ala. 605.
The bill being thus properly verified, its averments as to respondent’s insolvency and the imminent danger of his immediately disposing of the trust property before a receiver .could be appointed if he had notice of the application for a receiver, the facts being stated, authorized the appointment of a receiver without notice.—Hendrix v. A. F. L. M. Co., 95…
2Cases cited10 opinions
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- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
- Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Stoelker v. ThorntonSupreme Court of Alabama · 1889
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- Upchurch v. GoodroeSupreme Court of Alabama · 1942
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