O'Bear Jewelry Co. v. Volfer & Co.
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham, in Equity. EÍeard before the Hon. W. "W. Wilkerson. The facts of the case are sufficiently stated in the opinion. 1. The bill is not single in its object; and the parties defendant are sued on not joint but several accounts.
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Appeal from tlie City Court of Birmingham, in Equity. EÍeard before the Hon. W. "W. Wilkerson. The facts of the case are sufficiently stated in the opinion. 1. The bill is not single in its object; and the parties defendant are sued on not joint but several accounts. The bill embraces two or more distinct subjects; it contains several distinct grounds of suits in equity, and is, therefore, bad for multifariousness. — 1 Daniel Ch. Prac., 334, note 1; American R. & C. Co. v. Linn, 93 Ala. 610 ; 3 Brick. Dig., 388 et seq.; 15 Amer. & Eng. Encyc. of Law, 947. 2. It does not appear from any…
1Opinion of the CourtMcCLELLAN, J.
— The present bill is filed by Volfer & Co. and others, as judgment creditors of the O’Bear Jewelry Co., a corporation. Said corporation, R. D. Johnston, The Alabama National Bank, G. S. O’Bear, Jr., W. G. O’Bear, F. C. O’Bear and W. B. Copeland *208are made parties defendant. It is made to appear by the bill that the 0’Bears and Copeland organized said corporation with a proposed or nominal capital of twenty-five thousand dollars divided into two hundred and fifty shares of one hundred dollars each. Of these G. S. O’Bear subscribed for eighty shares, or eight thousand dollars to be paid by…
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