Ashe-Carson Co. v. Bonifay
Supreme Court of Alabama
Appeal from Covington Chancery Court. Heard before Hon. W. L. Parks. Bill by the Aslie-Carson Company against R. A. Bonifay and others, in which defendants filed a cross-biih From a decree sustaining defendants’ pleas to the bill, discharging an injunction on defendants’ cross-bill, and overruling a motion to dissolve an injunction granted defendants on their cross-bill on the coming in of the answer to the same, complainant prosecutes separate appeals.
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Appeal from Covington Chancery Court. Heard before Hon. W. L. Parks. Bill by the Aslie-Carson Company against R. A. Bonifay and others, in which defendants filed a cross-biih From a decree sustaining defendants’ pleas to the bill, discharging an injunction on defendants’ cross-bill, and overruling a motion to dissolve an injunction granted defendants on their cross-bill on the coming in of the answer to the same, complainant prosecutes separate appeals. The bill alleges the leasing to appellant by appellees of certain lands for turpentine purposes, and the right to go upon the same, erect…
1Opinion of the CourtHaralson, J.
It is w7ell said that “a cross-bill is proper and allowable whenever it is necessary to do complete justice between the parties, and to adjust all the equities between them connected ■with the subject *380matter of tlie original bill. New issues in relation to the original matter may be brought forward. As against the plaintiff in the original bill, it is not always necessary that the cross-bill should show any ground of equity or ask equitable relief. No affirmative relief can be obtained under an answer. It requires a cross-bill to do that.” — Davis v. Cook, 65 Ala. 617; Morton v. N. O. & Selma…
2Cases cited4 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Davis v. CookSupreme Court of Alabama · 1880
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Wadsworth v. GoreeSupreme Court of Alabama · 1892
3Cited by28 opinions
- Hunter-Benn Co. Company v. Bassett Lumber Co.Supreme Court of Alabama · 1932
- Davis v. AndersonSupreme Court of Alabama · 1929
- Stearnes v. WoodallSupreme Court of Alabama · 1928
- Riley v. WilkinsonSupreme Court of Alabama · 1945
- Tampa & Jacksonville Railway Co. v. CattsSupreme Court of Florida · 1920
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