Metcalf v. Arnold
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jeke N. Williams. Tin bill in this case was filed by the appellees, who were judgment creditors, for the benefit of themselves and all other creditors of the Metcalf Drug Company, who might desire to come in and make themselves parties.
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. Jeke N. Williams. Tin bill in this case was filed by the appellees, who were judgment creditors, for the benefit of themselves and all other creditors of the Metcalf Drug Company, who might desire to come in and make themselves parties. The bill avers that complainants recovered a judgment against H. B. Metcalf and F. G. Weatherly, who were doing business under the firm name of H. B. Met-calf, and that executions on each of said judgments were issued and returned no property found. It was further averred in the bill that…
1Opinion of the Court
BRICKELL, O'. J.
The demurrer was properly overruled. The bill is not, as is supposed by several of the causes of demurrer, a bill assailing collaterally the incorporation of the Metcalf Drug Company and seeking a forfeiture of its charter. It is a bill by judgment creditors , seeking the aid of a court of equity to remove obstacles and hindrances to the enforcement of their judgments, which the judgment debtors have fraudulently interposed. Whatever may be the character of the obstacle or hindrance; whatever may be the scheme or device to which the debtor resorts, it lies within the province…
2Cited by11 opinions
- Morris v. MacIoneMississippi Supreme Court · 1989
- In re BrausCourt of Appeals for the Second Circuit · 1917
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- Harris v. First Nat. Bank of TuscumbiaSupreme Court of Alabama · 1933
- Metcalf v. ArnoldSupreme Court of Alabama · 1902
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