Legal Opinion

Graham v. Gray

Supreme Court of Alabama

Decided December 15, 1888Published

Appeal from the Obancery Court of Calhoun. Heard before the Hon. S. H McSpadden. The bill in this case was filed on the 24th of November', 1885, by J. R. Graham, his wife and daughter, against E. M. Gray and M. T. W. Christian; and sought an injunction against a judgment at law for $284, which the defendants had obtained against J. R. Graham, and a settlement of the accounts of a partnership which had formerly existed between all the parties to the suit.

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Appeal from the Obancery Court of Calhoun. Heard before the Hon. S. H McSpadden. The bill in this case was filed on the 24th of November', 1885, by J. R. Graham, his wife and daughter, against E. M. Gray and M. T. W. Christian; and sought an injunction against a judgment at law for $284, which the defendants had obtained against J. R. Graham, and a settlement of the accounts of a partnership which had formerly existed between all the parties to the suit. On final hearing, on pleadings and proof, the chancellor dissolved the injunction, and dismissed the bill. The errors assigned are, the…

1Opinion of the CourtStone, C. J.

The partnership adventure out of which the present litigation grew, was formed in Calhoun county, Alabama, by persons, all of whom were, at that time, residents of that county. The partners, four in number, and equal in interest, were Gray, Christian, Mrs. Graham, wife of J. R. Graham, and Maggie Wilson, Graham’s daughter. In forming the partnership, J. R. Graham represented his wife and daughter, and contributed their share of the capital, less one hundred dollars belonging to Mrs. Graham. With the exception of the said one hundred dollars, Graham appears to have made the investment of his…

2Cases cited16 opinions

  1. Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
  2. Tate v. EvansSupreme Court of Alabama · 1875
  3. Vincent v. MartinSupreme Court of Alabama · 1885
  4. Wood v. SteeleSupreme Court of Alabama · 1880
  5. Garrett v. Garrett's HeirsSupreme Court of Alabama · 1856

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