Winter v. Merrick & Sons
Supreme Court of Alabama
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
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Stone v. HaleSupreme Court of Alabama · 1850
- Jones v. ReeseSupreme Court of Alabama · 1880
- Brock v. South & North. Ala. R. R.Supreme Court of Alabama · 1880
- Cameron v. AbbottSupreme Court of Alabama · 1857
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3Cited by6 opinions
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- Webb v. CrawfordSupreme Court of Alabama · 1884
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