Lebeck v. Fort Payne Bank
Supreme Court of Alabama
Appeal from the Chancery Court of DeKalb. Heard before the Hon. William H. Simpson. The facts of this case are sufficiently stated in the opinion. Upon the submission of the cause upon the demurrers and motion to dismiss the bill for the want of equity, most of the grounds of demurrer and the motion were sustained, and the bill was dismissed.
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Appeal from the Chancery Court of DeKalb. Heard before the Hon. William H. Simpson. The facts of this case are sufficiently stated in the opinion. Upon the submission of the cause upon the demurrers and motion to dismiss the bill for the want of equity, most of the grounds of demurrer and the motion were sustained, and the bill was dismissed. From this decree the complainant appeals, and assigns the rendition thereof as error. 1. A bill is not rendered multifarious by the addition of a prayer for alternative relief, when the requirements of such bill are not duplex, but are appropriate and…
1Opinion of the CourtHead, J.
On March 20, 1889, the Alabama Sanitarium was incorporated under the laws of Alabama. C. 0. Godfrey, A. S. Loventhal and E. W. Godfrey were the corporators. Authorized capital was $40,000, and all was subscribed for by said corporators. C. O. Godfrey was elected president. This corporation became the owner of a block of land in Fort Payne, Ala., an hotel or sanitarium building located thereon, and all the furnishings in the building, which constituted all of its property.
On June 24, 1890, said C. O. Godfrey and eight others were likewise incorporated under the name of “Fort Payne Educational…
2Cases cited4 opinions
- Frank v. MyersSupreme Court of Alabama · 1892
- Fort Payne Bank v. Alabama SanitariumSupreme Court of Alabama · 1893
- Spence v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
- Collins v. Lofftus & Co.Supreme Court of Virginia · 1839
3Cited by19 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Amann v. BurkeSupreme Court of Alabama · 1939
- Braley v. SpraginsSupreme Court of Alabama · 1930
- Irwin v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1925
- Silverstein v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
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