Drake v. Foster
Supreme Court of Alabama
Appeal from the Chancery Court of Macon. Heard before the Hon. A. J. Walker. This bill was filed by Patrick II. Drake against Lewis A. Foster and Thomas J. Bedell, and its allegations were, — that one John A.' Campbell, in 1848, assigned to said Foster, F. M. Reese and F. W. Dillard the patent-right of,making and vending, in thg counties of Chambers, Macon, Russell, Barbour, Henry amd Tallapoosa, “ Drummond’s patent candle-maker;” that afterwards, on the 20th October, 1848,…
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Appeal from the Chancery Court of Macon. Heard before the Hon. A. J. Walker. This bill was filed by Patrick II. Drake against Lewis A. Foster and Thomas J. Bedell, and its allegations were, — that one John A.' Campbell, in 1848, assigned to said Foster, F. M. Reese and F. W. Dillard the patent-right of,making and vending, in thg counties of Chambers, Macon, Russell, Barbour, Henry amd Tallapoosa, “ Drummond’s patent candle-maker;” that afterwards, on the 20th October, 1848, said Foster, Reese and Dillard, in consideration of $587 50, sold and assigned to complainant one fourth of their…
1Opinion of the CourtRice, C. J.
It is unnecessary to detex-mine whether the bill in this case is one for discovery merely, in aid of a defense at law, or is one for discovery and relief. It is certainly one or the other. If it is a bill for discovery merely, in aid of a *654defense at law, then, as it bas been fully answered, and several of the facts charged in it are denied, and the complainant did not apply to the usee in the suit at law, in the first place, to admit the facts of which a discovery is sought, there was no error in dismissing it at the costs of the complainant.— King v. Clark, 3 Paige, 76; Bennett v. Sanders, 4…
2Cases cited4 opinions
- Lanier v. HillSupreme Court of Alabama · 1854
- Hudson v. CrowSupreme Court of Alabama · 1855
- King v. ClarkNew York Court of Chancery · 1831
- Steele v. LowrySupreme Court of Alabama · 1844
3Cited by5 opinions
- Leslie v. SimsSupreme Court of Alabama · 1863
- Plant & Co. v. VoegelinSupreme Court of Alabama · 1857
- Nolan v. MathisSupreme Court of Oklahoma · 1928
- Brice v. LideSupreme Court of Alabama · 1857
- Cloud v. WhitingSupreme Court of Alabama · 1861