Lehman Bros. v. McQueen
Supreme Court of Alabama
Appeal from the ChanceryKCourt of¿Lowndes. Heard before the Hon. H. Austjll. The bill in this case was filed in February, 1877, by Lehman Brothers (a partnership doing business in the city of New York), Lehman, Abraham & Co. (a partnership doing business in New Orleans), and Lehman, Durr & Co. (a partnership doing business in Montgomery, Alabama), against John G. McQueen, and the partners composing the firm of Moore, Waldman & Co., a partnership doing business in the city of…
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Appeal from the ChanceryKCourt of¿Lowndes. Heard before the Hon. H. Austjll. The bill in this case was filed in February, 1877, by Lehman Brothers (a partnership doing business in the city of New York), Lehman, Abraham & Co. (a partnership doing business in New Orleans), and Lehman, Durr & Co. (a partnership doing business in Montgomery, Alabama), against John G. McQueen, and the partners composing the firm of Moore, Waldman & Co., a partnership doing business in the city of Montgomery ; and sought the foreclosure of a mortgage, which said McQueen had executed to Moore, Waldman & Co., for…
1Opinion of the CourtBbickell, C. J.
— The assignments of error involve no other question than the propriety of the decision of the chancellor upon matters of fact. An appellate court is reluctant to disturb the findings of fact made by a primary court. When, however, the duty of revision lies within its jurisdiction, it must be performed in view of the settled rules and principles of law. If a primary court is charged with the duty of ascertaining and determining matters of fact, dependent in any degree upon the viva voce examination of witnesses, without the aid of a jury, there are obvious reasons for attaching to its…
2Cases cited6 opinions
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Rather v. Young's Adm'rsSupreme Court of Alabama · 1876
- Wittick's Adm'r v. KeifferSupreme Court of Alabama · 1857
- Brandon v. CabinessSupreme Court of Alabama · 1846
- Lindsey v. PerrySupreme Court of Alabama · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Halle v. BrooksSupreme Court of Alabama · 1923
- McWilliams v. PhillipsSupreme Court of Alabama · 1881
- Rowe v. BaberSupreme Court of Alabama · 1890
- Moog v. FarleySupreme Court of Alabama · 1885
- Jonas v. FieldSupreme Court of Alabama · 1887
18 more not listed; retrieve them via the Exa API.