Treadaway v. Stansell
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Bill by A. 6. Stansell against F. S. Tread-away and another. From decree rendered, respondents appeal. Bill by appellee against F. S. Treadaway and N. K. Bitting.
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Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Bill by A. 6. Stansell against F. S. Tread-away and another. From decree rendered, respondents appeal. Bill by appellee against F. S. Treadaway and N. K. Bitting. Respondent Treadaway interposed demurrers to the bill on the ground of multifariousness, in that it seeks a settlement of the partnership affairs of complainant and Treadaway, and also seeks an accounting between respondent Bitting and said partnership, said Bitting not being concerned with a large part of such settlement, among other grounds. The demurrers of the…
1Opinion of the CourtGardner, J.
[1] The bill in this cause has for its primary object the settlement of the affairs of the partnership existing between the complainant and respondent Tread-away, doing business under the firm name of Treadaway & Stansell Cooperage Company. The sufficiency of the bill for this purpose is quite clear under the decisions (Dugger v. Tutwiler, 129 Ala. 258, 30 South. 91), and, indeed, is not questioned on this appeal.
[2] It is insisted, however, by respondent Treadaway that the bill is multifarious, in that respondent N. K. Bitting was brought into the case concerning a settlement of the…
2Cases cited7 opinions
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