Frey v. Fenn
Supreme Court of Alabama
Appeal from the Chancery Court of Morgan.. Heard before the Hon. William H. Simpson.. The bill in this case was filed by the appellees, Edward J. Fenn and Henry D. Morrison, in behalf of themselves and any and all creditors of Andrew C. Frey who might make themselves parties to the bill and pay their proportionate share of the costs thereof.
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Appeal from the Chancery Court of Morgan.. Heard before the Hon. William H. Simpson.. The bill in this case was filed by the appellees, Edward J. Fenn and Henry D. Morrison, in behalf of themselves and any and all creditors of Andrew C. Frey who might make themselves parties to the bill and pay their proportionate share of the costs thereof. It was. shown by the averments of the bill that Edward J. Fenn: was a judgment creditor of Andrew C. Frey and that, execution was issued upon said judgment and returned “No property found.’ The averments of the bill in this respect, as contained in the…
1Opinion of the CourtDowdell, J.
The original bill in this case contained the usual and proper foot-note requiring the bill to be answered as to each and every paragraph as numbered. The amendment to the -bill consisted of an amendment to paragraph 2 of the same, and was of such a character as might hare been very properly made by interlining. Such an amendment did not require an additional foot-note to the bill as amended.—Alabama Warehouse Co. v. Jones, 62 Ala. 550; Werborn v. Austin, 82 Ala. 498.
Rule 74 of Chancery Practice was intended to expedite and facilitate the preparation of the cause to final hearing on its…
2Cases cited4 opinions
- Van Dyke v. StateSupreme Court of Alabama · 1853
- Alabama Warehouse Co. v. JonesSupreme Court of Alabama · 1878
- Ex Parte South & North Alabama RailroadSupreme Court of Alabama · 1870
- Werborn v. AustinSupreme Court of Alabama · 1886