Allen v. Montgomery Rail Road
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the Eleventh District. The original bill in this case was filed the 22d May, 1841, by Wade Allen, and others, as judgment creditors of the Montgomery Rail Road Company, by judgments obtained in March, 1840, against said Company, and its several stockholders, who .are sought to be charged for the amounts severally due by them on their subscriptions for stock, which it is alledged they have not paid, and the allegation of the bill…
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Writ of Error to the Court of Chancery for the Eleventh District. The original bill in this case was filed the 22d May, 1841, by Wade Allen, and others, as judgment creditors of the Montgomery Rail Road Company, by judgments obtained in March, 1840, against said Company, and its several stockholders, who .are sought to be charged for the amounts severally due by them on their subscriptions for stock, which it is alledged they have not paid, and the allegation of the bill being that the company has no assets, real or personal, out of which the complainants can have satisfaction of their…
1Opinion of the CourtGoldthwaite, J.
1. When the objection of multifariousness is well taken to a bill, it is probably the correct practice to allow the party to amend, or elect on which ground of equity he will proceed. [Marriott v. Givens, 8 Ala. Rep. 694.] If it is so, however, it does not follow that a decree of dismissal will be reversed because the election is not tendered by the court, instead of being asked by the party. Neither does it seem to be a necessary consequence of the right which defendants have, to object specially on account of multifariousness. [Welborn v. Tiller, 10 Ala. Rep. 305.] That the court is…
2Cases cited11 opinions
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Marcy v. ClarkMassachusetts Supreme Judicial Court · 1821
- Marriott v. GivensSupreme Court of Alabama · 1845
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
- Lovelace v. WebbSupreme Court of Alabama · 1878
- Shields v. Clifton Hill Land Co.Tennessee Supreme Court · 1894
- Farmers Loan & Trust Co. v. FunkNebraska Supreme Court · 1896
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