Legal Opinion

Irwin v. Everson

Supreme Court of Alabama

Decided December 15, 1891PublishedCited by 26 opinions

Appeal from the Chancery Court of Elmore. Heard before the Hon. S. K. McSpaddeN. The bill in this case was filed on the 15th of December, 1890, by George E. Everson against Bobert L. Irwin, and prayed the dissolution of an alleged partnership between the parties, a settlement of the partnership accounts, and the appointment of a receiver to take custody of all the partnership property and effects.

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Appeal from the Chancery Court of Elmore. Heard before the Hon. S. K. McSpaddeN. The bill in this case was filed on the 15th of December, 1890, by George E. Everson against Bobert L. Irwin, and prayed the dissolution of an alleged partnership between the parties, a settlement of the partnership accounts, and the appointment of a receiver to take custody of all the partnership property and effects. The chancellor appointed a receiver after answer filed, in wbicb the defendant denied tbe existence of any partnership between him and the complainant; and this clecretal order is here assigned as…

1Opinion of the CourtMcCLELLAN, J.

This appeal is prosecuted from an interlocutory order appointing a receiver of the partnership alleged to exist between Everson, the complainant, and the defendant Irwin. The fact of partnership, alleged in the bill, is denied by the answer; and on the application of complainant for the appointment of a receiver affidavits were submitted on both sides of the issue thus made. Moreover, it is manifest, indeed is admitted, that the contemplated co-partnership was never consummated as to that part of its subject-matter which consisted of realty, for the want of articles in writing signed by the…

2Cases cited3 opinions

  1. Hobart v. BallardSupreme Court of Iowa · 1871
  2. Williamson v. MonroeCalifornia Supreme Court · 1853
  3. Popper v. ScheiderThe Superior Court of New York City · 1869

3Cited by26 opinions

  1. Wade v. GilmerSupreme Court of Alabama · 1914
  2. Crowder v. Doe ex dem. Tennessee C. I. & R. R. Co.Supreme Court of Alabama · 1909
  3. McCormick v. McCormickSupreme Court of Alabama · 1930
  4. Plunkett v. DendySupreme Court of Alabama · 1916
  5. Crawford v. MillsSupreme Court of Alabama · 1918

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