Schwarz, Rosenbaum & Co. v. Barley
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo-. Tried before the Hon. Thomas H. Smith. The bill in this case was filed by the appellants -as creditors of the firm of Barley and Matldns, against the appellees, Eugene A. Barley and Lamar Matkins and Maggie Walston.
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Appeal from the Chancery Court of Marengo-. Tried before the Hon. Thomas H. Smith. The bill in this case was filed by the appellants -as creditors of the firm of Barley and Matldns, against the appellees, Eugene A. Barley and Lamar Matkins and Maggie Walston. It was averred in the bill that the complainants were creditors of the firm of Barley and Matkins, which firm was composed of the defendants, Eugene A. Barley and Lamar Matkins; that subsequent to the complainants becoming creditors of said firm, there was a dissolution of the firm by mutual agreement between the parties, in which…
1Opinion of the CourtMcCLELLAN, C. J.
The right of appeal exercised in this case is that given by section 426 of the Code-, and not that given by section 427. The decree dismissing the bill was no less a final decree for that it was rendered on and in response to- a motion to dismiss it for the want of equity. There has been a practice in this state to-grant motions to- dismiss with leave to- amend. Such decrees while they granted the motion to dismiss in a way, yet did not in reality dismiss the bill finally. They were in the nature of tentative or conditional decrees and not final. To- such decrees must be referred the…
2Cited by4 opinions
- Peters v. Chas. Schuessler & SonsSupreme Court of Alabama · 1923
- Drain v. F. S. Royster Guano Co.Supreme Court of Alabama · 1936
- Jones v. Industrial Life Health Ins. Co.Supreme Court of Alabama · 1931
- State Ex Rel. Garrow v. GraysonSupreme Court of Alabama · 1929