Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.
Supreme Court of Alabama
Bill in Equity for Damages, Discovery, and Account. Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs.
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Bill in Equity for Damages, Discovery, and Account. Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 13th July, 1889, by W. C. Hale & Co., a partnership doing business at Columbus, Mississippi, against the Virginia & Alabama Mining & Manufacturing Company, a corporation organized under the general statutes of Alabama; and sought a discovery and relief in the matter of an alleged breach of contract on the part of the defendant, and matters of account growing out of that contract, as stated more particularly in the opinion…
1Opinion of the Court
CLOPTON, J
— The main causes of demurrer, consisting of several distinct, assignments varying in phraseology, may be condensed as follows: First, that complainants have a full and adequate remedy at law, and that the bill, being founded on an alleged breach of contract for which they seek to recover damages, avers no facts authorizing a court of equity to entertain it on the ground of discovery; second, that the bill, being for discovery and relief, avers no'facts showing that the discovery is necessary to prove any facts upon which complainants rely for relief, or that they can not otherwise…
2Cases cited5 opinions
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Handley v. HeflinSupreme Court of Alabama · 1887
- Shackelford v. BankheadSupreme Court of Alabama · 1882
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
- State v. Bradshaw's Adm'rSupreme Court of Alabama · 1877
3Cited by33 opinions
- Gayle v. PenningtonSupreme Court of Alabama · 1914
- MacEy v. CrumSupreme Court of Alabama · 1947
- Wood v. EstesSupreme Court of Alabama · 1932
- Russell v. BushSupreme Court of Alabama · 1916
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
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