Phillips v. Birmingham Industrial Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Birmingham Industrial Company against Lovick W. Phillips for an accounting. Decree for complainant • and respondent appeals. No brief reached the Reporter. The bill has equity. — Phillips v. Birmingham Incl. Go., 161 Ala. 509; 4 Pom., section 1421; 11 Juris. 215. Plea two does not go to the equity of the bill. — 10 111. App. 203; 24 Wend. 203; 23 Pa. St. 23; 9 Iowa 599; 9 Gray 66.
1Opinion of the CourtMayfield, J.
This suit is for an accounting. It was brought by a principal against his agent. This is the third appeal; the other appeals being reported in 161 Ala. 509, 50 South. 77, 135 Am. St. Rep. 156, and 172 Ala. 168, 55 South. 298. The first appeal sustained the equity of the bill. The second was a mandamus proceeding against the chancellor to compel him to set aside and annul certain interlocutory orders and decrees made by him. The application for mandamus was denied, and the cause proceeded to a final decree, which was in favor of complainant, and decreed the relief prayed, and ascertained and…
2Cases cited4 opinions
- Phillipps v. Birmingham Industrial Co.Supreme Court of Alabama · 1909
- Tyson v. Decatur Land Co.Supreme Court of Alabama · 1898
- State ex rel. Phillips v. BennersSupreme Court of Alabama · 1911
- Victor Realty Co. v. ArgumanianSupreme Court of Alabama · 1911
3Cited by3 opinions
- Whitehead v. BoutwellSupreme Court of Alabama · 1928
- Prowell v. WilsonSupreme Court of Alabama · 1929
- Rogers v. Lumbermans Mutual Casualty Co.Supreme Court of Alabama · 1960