Averyt Drug Co. v. Ely-Robertson-Barlow Drug Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Ely-Robertson-Barlow Drug Company against the Averyt Drug Company and others, to foreclose a lien, and seeking discovery. From a decree overruling demurrers to the bill respondents appeal.
1Opinion of the Court
THOMAS, J. —
The bill is to foreclose a lien on a certain stock of drugs and fixtures sold by appellee to appellant, and prays other incidental relief. By demurrer it is insisted that there is no equity in the bill, and that there is a misjoinder of parties respondent. - The Ely-Robertson-Barlow Drug Company, a corporation, *509sold to appellant Averyt Drug Company a certain stock of goods , wares and merchandise, and other personal property incident to the business of a wholesale druggist, in Birmingham, which sale was evidenced by a written contract. The performance of this contract, on the part…
2Cases cited33 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- People v. EdwardsCalifornia Supreme Court · 1858
- County of Dallas v. TimberlakeSupreme Court of Alabama · 1875
- Marshall v. MarshallSupreme Court of Alabama · 1888
- Hicks v. MeadowsSupreme Court of Alabama · 1915
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3Cited by13 opinions
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
- Lewis v. DavisSupreme Court of Alabama · 1916
- Oden v. VaughnSupreme Court of Alabama · 1920
- Hamill v. McCallaSupreme Court of Alabama · 1934
- Boyett v. HahnSupreme Court of Alabama · 1916
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