Kinney v. Reeves & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Cullman. Tried before the Hon. William H. Simpson. The bill in this ease was filed by the appellees, who constituted three separate and distinct partnerships, all of whom were non-residents of the State of Alabama, against the appellants. The purpose of the bill and the averments of facts are sufficiently set forth in the opinion.
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Appeal from the Chancery Court of Cullman. Tried before the Hon. William H. Simpson. The bill in this ease was filed by the appellees, who constituted three separate and distinct partnerships, all of whom were non-residents of the State of Alabama, against the appellants. The purpose of the bill and the averments of facts are sufficiently set forth in the opinion. The bill was verified by the affidavit of Robert L. Hipp, who was one of the complainants’ counsel, and this affidavit was as follows: “Before me, A. E. Hewlett, Register in Chancery -within and -for the County and State aforesaid,…
1Opinion of the CourtDenson, J.
The bill was filed by simple contract creditors for discovery of assets under section 819 of the Code, and to subject them to the payment of complainants’ debts due them by the respondents.
After averring that the respondents P. H. Kinney and F. H. Kinney were engaged in a general merchandise business at Nauvoo, Alabama, under the firm name and style of P. II. Kinney & Company, and that they became indebted, to complainants in the various amounts set forth in the bill, which amounts are averred to be past due and unpaid, the bill avers that the said P. H. Kinney and F. H. Kinney and said P.…
2Cases cited7 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Burgess & Co. v. MartinSupreme Court of Alabama · 1895
- Pickle's Adm'r v. EzzellSupreme Court of Alabama · 1855
- Ramage v. TowlesSupreme Court of Alabama · 1888
- Bromberg Bros. v. Heyer Bros.Supreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Woodward v. StateSupreme Court of Alabama · 1911
- Kimball v. Cunningham Hardware Co.Supreme Court of Alabama · 1915
- Anderton v. HiterSupreme Court of Alabama · 1939
- McIntosh v. MoodySupreme Court of Alabama · 1934
- Birmingham Realty Co. v. BarronSupreme Court of Alabama · 1907
3 more not listed; retrieve them via the Exa API.