Legal Opinion

Bank of St. Marys v. St. John, Powers & Co.

Supreme Court of Alabama

Decided June 15, 1854PublishedCited by 27 opinions

Appeal from the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. This bill was filed on the 24th April, 1852, by St. John, Powers & Co. and John Henley, against the Bank of St. Marys, a corporation chartered by and located in Georgia, John G. Winter, a citizen and resident of Georgia, Joseph S. Winter & Co., John C. Holcombe, L. B. Moody, and Tarlefcon & Whiting- It alleges that complainants are the holders and owners of a bill of exchange for $20,000, dated at…

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Appeal from the Chancery Court of Mobile. Heard before the Hon. J. W. Lesesne. This bill was filed on the 24th April, 1852, by St. John, Powers & Co. and John Henley, against the Bank of St. Marys, a corporation chartered by and located in Georgia, John G. Winter, a citizen and resident of Georgia, Joseph S. Winter & Co., John C. Holcombe, L. B. Moody, and Tarlefcon & Whiting- It alleges that complainants are the holders and owners of a bill of exchange for $20,000, dated at Bank of St. Marys, Columbus, Ga., April 5, 1852, drawn by Geo. W. Winter, as cashier of said Bank, on said Holcombe,…

1Opinion of the Court

LIGON, J.'

We deem it unnecessary to consider separately each objection which has been made to the recovery, and proceedings in this case in the court below, as they are presented in the assignments of error in the record ; since, to do so would only tend to lengthen this opinion unnecessarily. It will be sufficient to classify the assignments of error and thus pass upon them. t

1. It is insisted that there is no equity in the bill, as amended, which would give the Chancery Court jurisdiction under the ordinary powers of that court; and that the bill is not so framed as to bring it within the…

2Cases cited15 opinions

  1. Tobey v. BarberNew York Supreme Court · 1809
  2. Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
  3. Markle v. HatfieldNew York Supreme Court · 1807
  4. Mobile & Cedar Point R. R. v. Talman & RalstonsSupreme Court of Alabama · 1849
  5. Walker v. Miller & Co.Supreme Court of Alabama · 1847

10 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Solomon v. . BatesSupreme Court of North Carolina · 1896
  2. Hale v. KinnairdSupreme Court of Alabama · 1917
  3. Corey v. WadsworthSupreme Court of Alabama · 1891
  4. Marshall v. F. & M. Savings BankSupreme Court of Virginia · 1889
  5. Montgomery B. & T. Co. v. WalkerSupreme Court of Alabama · 1913

22 more not listed; retrieve them via the Exa API.

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