Adair Bros. v. Gilmore
Supreme Court of Alabama
Appeal from the Chancery Court of Cullman. Heard before the Hon. Thomas Cobbs. The facts of the case are sufficiently stated in the opinion. — 1. The chancery court has the unquestioned power and authority to enforce its decrees by attachment.— Code, §§ 722, 3598, 3601; 2 Daniel Chan. PI. & Prac., 1032, 1046; 3 Amer. & Eng.
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Appeal from the Chancery Court of Cullman. Heard before the Hon. Thomas Cobbs. The facts of the case are sufficiently stated in the opinion. — 1. The chancery court has the unquestioned power and authority to enforce its decrees by attachment.— Code, §§ 722, 3598, 3601; 2 Daniel Chan. PI. & Prac., 1032, 1046; 3 Amer. & Eng. Encyc. of Law, 791; Ex parte John Hardy, 68 Ala. 306. 2. The defendant has not purged himself of the contempt by saying that he is now unable to perform the decree, because he did not have the money, and did not have it at the time of the service of the decree upon him. He…
1Opinion of the CourtColeman, J.
— The appeal is prosecuted from an order of the court, refusing to commit the appellee for a contempt upon the petition of Adair Bros. & Co.
D. M. Gilmore became indebted to appellants for the purchase of fertilizers, and to secure the payment, under an agreement to that effect, delivered to them certain notes as collateral. By the terms of the agreement the title and ownership of the collateral notes became vested in Adair Bros. & Co. These collateral notes were 3ubse-*438quently sent to Gilmore for collection, who received them as shown by his receipt as their agent. The debt of Gilmore not…
2Cited by5 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Evans v. EvansSupreme Court of Alabama · 1955
- State ex rel. McLean v. District CourtMontana Supreme Court · 1908
- McKissack v. Voorhees, Miller & Co.Supreme Court of Alabama · 1898
- Ex Parte StephensonAlabama Court of Appeals · 1947