Lehman, Durr & Co. v. Greenhut
Supreme Court of Alabama
Appeal from tbe Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 8th December, 1886, by Lehman, Durr & Co., and Goetter, Weil & Co., two partnerships doing business in the city of Montgomery, as creditors of Long & Greenhut, a mercantile partnership lately doing business in Greenville, against the said Long & Green-hut, individually and as partners, and F. Greenhut, who was a brother of one of the partners; and sought to…
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Appeal from tbe Chancery Court of Butler. Heard before the Hon. John A. Foster. The bill in this case was filed on the 8th December, 1886, by Lehman, Durr & Co., and Goetter, Weil & Co., two partnerships doing business in the city of Montgomery, as creditors of Long & Greenhut, a mercantile partnership lately doing business in Greenville, against the said Long & Green-hut, individually and as partners, and F. Greenhut, who was a brother of one of the partners; and sought to set aside, on the ground of fraud, two conveyances executed by Long &, Greenhut to F. Greenhut. On final hearing, on…
1Opinion of the CourtClopton, J.
The appellees insist that the decree should be affirmed, though the chancellor may have erred in his conclusions of fact, on the alleged ground that the bill shows on. its face a misjoinder of complainants. This objection, when apparent from the bill, must be taken advantage of by demurrer. It comes too late when taken for the first time at the hearing, and will be disregarded on appeal, if it does not materially affect the propriety of the decree.—Erwin v. Ferguson, 5 Ala. 158; Newhouse v. Miles, 9 Ala. 460. The objection having been taken for the first time at the hearing, without the…
2Cases cited2 opinions
- Erwin v. FergusonSupreme Court of Alabama · 1843
- Newhouse v. MilesSupreme Court of Alabama · 1846
3Cited by15 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Staples v. BarretSupreme Court of Alabama · 1926
- Martin v. DuncanIllinois Supreme Court · 1895
- Clark v. HarperIllinois Supreme Court · 1905
- Jackson v. ElliottSupreme Court of Alabama · 1892
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