Legal Opinion

Burgess v. American Mortgage Co. of Scotland, Ltd.

Supreme Court of Alabama

Decided July 1, 1898PublishedCited by 4 opinions

Appeal from Pike Chancery Court. Tried before Hon. Jere N. Williams. The case is stated in the opinion. cited, rule 28, Code 1896, p. 1208; Moog v. Strange, 72 Ala. 460 ; Howard v. Bugbee, 25 Ala. 548; Danforth v. Herbert, 33 Ala. 497; Holly v. Wilkinson, 31 Ala. 196; Cameron v. Abbott, 30 Ala. 416. cited, Brown v. Brown, 81 Ala. 508; 1 Dan. Ch. PI. and Pr. 796; 2 Dan.

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Appeal from Pike Chancery Court. Tried before Hon. Jere N. Williams. The case is stated in the opinion. cited, rule 28, Code 1896, p. 1208; Moog v. Strange, 72 Ala. 460 ; Howard v. Bugbee, 25 Ala. 548; Danforth v. Herbert, 33 Ala. 497; Holly v. Wilkinson, 31 Ala. 196; Cameron v. Abbott, 30 Ala. 416. cited, Brown v. Brown, 81 Ala. 508; 1 Dan. Ch. PI. and Pr. 796; 2 Dan. Ch. PI. and Pr. 1371; Ex Parte Robinson, -72 Ala. 389; Tanker sly v. Pettis, 71 Ala. 185; Strange v. Moog, 72 Ala. 460; 28th, Pule Ch. Pr., Code 1896, p. 1208.

1Opinion of the CourtHead, J.

A former bill by the present complainant against the same defendant for the same relief upon the same allegations as in the present bill, was dismissed without prejudice, at the cost of complainant. Subsequently the present bill was filed and the defendant moyed to stay its prosecution until the costs of the former suit should be paid. The chancellor' granted this motion and ordered that unless the costs be paid on or by December 1,1897, (subsequently extended to December 20, 1897,) the cause would stand dismissed. Complainant failed to comply with the order, but instead thereof, on said…

2Cases cited1 opinion

  1. Howard v. BugbeeSupreme Court of Alabama · 1854

3Cited by4 opinions

  1. Roan v. StateSupreme Court of Alabama · 1932
  2. Crowson v. CodySupreme Court of Alabama · 1926
  3. Clemons v. StateSupreme Court of Alabama · 1910
  4. Boon v. RileySupreme Court of Alabama · 1911

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