Legal Opinion

Winter v. Merrick & Sons

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 6 opinions

Appeal from Montgomery Chancery Court. Heard before Hon. II. Austill. Tire bill in this cause was filed on 6th December, 1870, by Mary E. Winter, a married woman, by her next friend, against Merrick & Sons and the Montgomery Cas Light Company, a body corporate, and sought, by an equitable attachment, to condemn a debt due from said corporation to Merrick & Sons, to the satisfaction of an alleged -equitable demand which was held by complainant against Merrick & Sons.

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Appeal from Montgomery Chancery Court. Heard before Hon. II. Austill. Tire bill in this cause was filed on 6th December, 1870, by Mary E. Winter, a married woman, by her next friend, against Merrick & Sons and the Montgomery Cas Light Company, a body corporate, and sought, by an equitable attachment, to condemn a debt due from said corporation to Merrick & Sons, to the satisfaction of an alleged -equitable demand which was held by complainant against Merrick & Sons. The opinion states as much of the case made by the record as is necessary to a proper understanding of the points decided…

1Opinion of the Court

SOMERYILLE, J.'

The decree of the chancellor, in this case, must be affirmed because of a fatal variance between the allegations of the bill and the proof disclosed in the record.

It is a rule prevailing in both courts of law and of equity that tlie allegata, and probata — the matters alleged and those proved — must substantially correspond. However cogent may be the proof, and however just may be the demand of the complainant, no relief can be granted without the requisite allega*87tions being made in the bill. — Flanagan v. State Bank, 32 Ala. 508; Cameron v. Abbott, 30 Ala. 416; O’Bannon v.…

2Cases cited9 opinions

  1. Larkins v. BiddleSupreme Court of Alabama · 1852
  2. Stone v. HaleSupreme Court of Alabama · 1850
  3. Jones v. ReeseSupreme Court of Alabama · 1880
  4. Brock v. South & North. Ala. R. R.Supreme Court of Alabama · 1880
  5. Cameron v. AbbottSupreme Court of Alabama · 1857

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

3Cited by6 opinions

  1. Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
  2. Park v. LideSupreme Court of Alabama · 1890
  3. Reynolds v. Excelsior Coal Co.Supreme Court of Alabama · 1893
  4. Webb v. CrawfordSupreme Court of Alabama · 1884
  5. Simms v. GreerSupreme Court of Alabama · 1887

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

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