Dailey v. Koepple
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Ormond Somerville, Special Judge. Bill by William A. Koepple against John E. Dailey to enjoin an ejectment suit and for other relief.
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Appeal from Tuscaloosa County Court. Heard before Hon. Ormond Somerville, Special Judge. Bill by William A. Koepple against John E. Dailey to enjoin an ejectment suit and for other relief. Decree for complainant and respondent appeals. —The record shows that a motion to dismiss was made and insisted upon, and that the bill is without equity, hence, it will be dismissed on final hearing, even if not raised before. — J ackson v. King, 119 Ala. 320. Such a bill may be dismissed ex mero moto. — 119 Ala. 321; Bryant v. Peters, 3 Ala. 167. Under rule 75, Ch. Pr. the motion to dismiss and the…
1DissentMayfield, J.
(dissenting). — -While I concurred in the majority opinion on the first heáring, I am, on the rehearing, now persuaded that our opinion is wrong; that the application for a rehearing should be granted; the the judgment of reversal should be set aside, and a judgment rendered affirming the decree of the chancellor.
It is true that the opinion in this case followed, and was based solely on, the opinion in the case of Wilson v. Miller, 143 Ala. 264, 39 South. 178, 111 Am. St. Rep. 42, which decision, after a careful examination, I find to be in conflict with many prior decisions of this court,…
2Cases cited9 opinions
- Phelps v. HarrisSupreme Court of the United States · 1880
- Miller v. MarxSupreme Court of Alabama · 1876
- Parker v. Boutwell & SonSupreme Court of Alabama · 1898
- Echols v. HubbardSupreme Court of Alabama · 1890
- Lehman, Durr & Co. v. ShookSupreme Court of Alabama · 1881
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