Legal Opinion

McKissack v. Voorhees, Miller & Co.

Supreme Court of Alabama

Decided July 1, 1898PublishedCited by 6 opinions

Appeal from Henry Chancery Court. Tried before Hon. Jere N. Williams. The bill avers that during the year 1892, the defendant, being engaged in t'he mercantile business in the town of Dothan, Henry County, Alabama, became indebted to complainants, severally, in the sums named as shown by itemized statements of accounts made exhibits to the bill.

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Appeal from Henry Chancery Court. Tried before Hon. Jere N. Williams. The bill avers that during the year 1892, the defendant, being engaged in t'he mercantile business in the town of Dothan, Henry County, Alabama, became indebted to complainants, severally, in the sums named as shown by itemized statements of accounts made exhibits to the bill. The bill further avers: “Orators are advised, believe and so charge that the defendant is in possession or control of a large sum or sums of money which he fraudulently withholds from his large and varied family creditors, or that he has property, or…

1Opinion of the CourtColeman, J.

The appellees, as creditors of the appellant, filed their bill under section 819 of the Code of 1896 for the discovery of assets, subject to the payment of their demands. The respondent answered the bill, in which he denied that he had or owned or claimed any interest, legal or equitable, in any property, money or dioses in action, legal or equitable. After answer filed, upon the application of complainants, as provided in section 822 of the Code of 1896, the chancellor ordered an examination of the debtor before the register, which order the respondent complied with. The cause was submitted…

2Cases cited4 opinions

  1. Burgess & Co. v. MartinSupreme Court of Alabama · 1895
  2. Carr v. StateSupreme Court of Alabama · 1894
  3. Sweetzer, Pembrook & Co. v. BuchananSupreme Court of Alabama · 1891
  4. Adair Bros. v. GilmoreSupreme Court of Alabama · 1894

3Cited by6 opinions

  1. Ex parte DickensSupreme Court of Alabama · 1909
  2. Cleveland Storage Co. v. Guardian Trust Co.Supreme Court of Alabama · 1930
  3. Ex Parte StephensonAlabama Court of Appeals · 1947
  4. State v. PhippsWashington Supreme Court · 1933
  5. Etheridge Bros. v. Swann-Abrams Hat Co.Supreme Court of Alabama · 1906

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