Rice v. Eiseman Bros. & Co.
Supreme Court of Alabama
Appeal from, the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed on February 7,1898, by the appellees, Eiseman Bros. & Co., a partnership, and the Wertheimer-Swartz Shoe Company, a corporation, against Sam Rice and Sam Trum.
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Appeal from, the City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed on February 7,1898, by the appellees, Eiseman Bros. & Co., a partnership, and the Wertheimer-Swartz Shoe Company, a corporation, against Sam Rice and Sam Trum. It was averred in the bill that the complainants, Eiseman Bros. & Co., on June 6, 1896, obtained a judgment at law against the respondent Rice for an amount due on account for goods sold and delivered by them to said Rice; that on this judgment execution had been issued and returned no property found. It was then…
1Opinion of the CourtHaralson, J.
— 1. Section 818 (3544) of the Code enlarges the original jurisdiction of courts of equity, so that a creditor at large without a lien, may file a bill in chancery to discover or to subject to the payment of his debt any property which has been fraudulently transferred or conveyed by his debtor. It extends the jurisdiction, as we have held, to all classes of transfers or conveyances which offend the rights of creditors, Avliether 'with or without a lien, or with or without a judgment,’ notwithstanding there may exist legal remedies to recover the debt, and though the debtor may own other…
2Cases cited6 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Moog v. FarleySupreme Court of Alabama · 1885
- Dickson v. McLarneySupreme Court of Alabama · 1892
- Wooten v. SteeleSupreme Court of Alabama · 1895
- Carter Bros. & Co. v. ColemanSupreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rosenau v. PowellSupreme Court of Alabama · 1911
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Winslett v. RiceSupreme Court of Alabama · 1960
- McDonnell & Co. v. FinchSupreme Court of Alabama · 1901
- Belzoni Oil Co. v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.