Boyett v. Frankfort Chair Co.
Supreme Court of Alabama
Bill to Declare a Gorporation Insolvent, for a Receiver, and to Avoid Certain Transfers of Property. Appeal from Covington Chancery Court. Heard before Hon. W. L. Parks. Bill by Frankfort Chair Company to declare a corporation insolvent, to have a Receiver appointed to take charge of the effects of the same, and to declare certain transfers of corporate property to the officers thereof fraudulent and void as to creditors. From a decree for complainant, respondents appeal.
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Bill to Declare a Gorporation Insolvent, for a Receiver, and to Avoid Certain Transfers of Property. Appeal from Covington Chancery Court. Heard before Hon. W. L. Parks. Bill by Frankfort Chair Company to declare a corporation insolvent, to have a Receiver appointed to take charge of the effects of the same, and to declare certain transfers of corporate property to the officers thereof fraudulent and void as to creditors. From a decree for complainant, respondents appeal. The service was had and return made by a person styling himself, “D. S.” and who the court judicially knows was not the…
1Opinion of the CourtDowdell, J.
The decree appealed from settles and determines the equities of the bill, and is therefore a final decree, from which an appeal will lie. The decree was rendered on the 25th day of January, 1906, and appeal was taken on the 25th day of January, 1907. The statute (section 436 of the Code of 1896) provides in-such cases for the taking of the appeal “within one year from the rendition of the judgment or decree.” In computing the time under the statute (section 11 of the Code) the day of the rendition of the decree must be excluded, and, when so computed, the present appeal was taken in time. —…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. WatsonSupreme Court of Alabama · 1890
- Manhattan Fire Insurance v. Fowler & Co.Supreme Court of Alabama · 1884
- Dickson & Co. v. FrisbeeSupreme Court of Alabama · 1875
- Lyon v. LorantSupreme Court of Alabama · 1841
- Memphis & Charleston Railroad v. WhorleySupreme Court of Alabama · 1883
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3Cited by13 opinions
- Hadnott v. AmosDistrict Court, M.D. Alabama · 1970
- Jackson Realty Co. v. YeatmanSupreme Court of Alabama · 1929
- Roman v. MorganSupreme Court of Alabama · 1909
- State v. ClementsSupreme Court of Alabama · 1928
- American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.