Legal Opinion

Altoona Warehouse Co. v. Bynum

Supreme Court of Alabama

Decided April 9, 1942No. 7 Div. 673PublishedCited by 13 opinions

1Opinion of the Court

BROWN, Justice.

This appeal is by some of the defendants from an interlocutory decretal order of the circuit court, in equity, sustaining defendants’ demurrer to the bill in so far as it seeks the appointment of a receiver, and overruling the demurrer in all other respects. After severance in the assignments of error, seeking a reversal of the decree in so far as it overruled the demurrer, the case was submitted thereon, without question by the appellees of the right of appeal from such decree.

The general rule is that the sustaining of a demurrer to a bill puts the complainant out of court…

2Cases cited14 opinions

  1. Sandlin v. AndersSupreme Court of Alabama · 1923
  2. City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
  3. Perfection Mattress & Spring Co. v. DupreeSupreme Court of Alabama · 1927
  4. Michie v. BradshawSupreme Court of Alabama · 1933
  5. Gettinger v. HeaneySupreme Court of Alabama · 1930

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
  2. Savage v. SavageSupreme Court of Alabama · 1945
  3. Fulton v. CallahanSupreme Court of Alabama · 1993
  4. Galbreath v. ScottSupreme Court of Alabama · 1983
  5. Smith-Howard Gin Co. v. OgletreeSupreme Court of Alabama · 1948

8 more not listed; retrieve them via the Exa API.

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