Nelms v. McGraw
Supreme Court of Alabama
Bill in Equity for Settlement of Partnership Accoimts. Appeal from the Chancery Court of Lee. Heard before the Hon. S. Iv. McSpadden.
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Bill in Equity for Settlement of Partnership Accoimts. Appeal from the Chancery Court of Lee. Heard before the Hon. S. Iv. McSpadden. The bill in. this case was filed on the 24th June, 1890, by S. T. Nelms against C. T. MeGraw; and sought the dissolution of an alleged partnership between them, and a settlement of partnership accounts, the complainant claiming that the defendant owed him at least $250. The terms of the partnership, as alleged in the bill, are stated substantially, and almost literally, in the opinion of the court. The defendant filed a demurrer to the bill, on these specific…
1Opinion of the CourtClopton, J.
— On July 23, 1890, being a clay of the regular term of the court, the chancellor sustained the first and second grounds of demurrer to the bill. Complainant -not having offered or asked leave to amend, the chancellor, at the January term, 1891, dismissed the bill for want of prosecution. From this decree the appeal is taken, and appellant assigns for error the decree sustaining the demurrer. Appellee insists that these assignments of error should be disregarded, on the ground that no appeal was taken from the decree sustaining the demurrer within the time prescribed.
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2Cases cited5 opinions
- Tayloe v. BushSupreme Court of Alabama · 1883
- Fail v. McReeSupreme Court of Alabama · 1860
- Moore v. SmithSupreme Court of Alabama · 1851
- Robinson v. BullockSupreme Court of Alabama · 1877
- Hightower v. KennedySupreme Court of Alabama · 1847
3Cited by19 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Willis v. CrawfordOregon Supreme Court · 1901
- Staples v. PearsonSupreme Court of Alabama · 1935
- Walshe v. Dwight Mfg. Co.Supreme Court of Alabama · 1912
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