Sweetzer, Pembrook & Co. v. Buchanan
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon, Thos. Cobbs. The bill in this case was filed on the 5th November, 1889, by the appellants, a mercantile partnership in New York city, against Thomas G. Buchanan, his late partner, Thomas O. Ryall, and the National Bank of Shelbyville, Tennessee ; and sought a discovery of the property, evidences of debt, &c., alleged to belong to said Buchanan, but which he had fraudulently concealed or transferred to the other…
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Appeal from the Chancery Court of Madison. Heard before the Hon, Thos. Cobbs. The bill in this case was filed on the 5th November, 1889, by the appellants, a mercantile partnership in New York city, against Thomas G. Buchanan, his late partner, Thomas O. Ryall, and the National Bank of Shelbyville, Tennessee ; and sought a discovery of the property, evidences of debt, &c., alleged to belong to said Buchanan, but which he had fraudulently concealed or transferred to the other defendants, and their subjection to the satisfaction of complainant’s debt against him through the intervention of a…
1Opinion of the CourtColeman, J.
— Complainants’ bill was filed under sections 3544-3547 of the Code, inclusive, as amended by act of the legislature of 1888-9, p. 96. These sections enlarge the remedy of a simple-contract creditor, and under these provisions *575he may maintain a bill for discovery and relief in certain cases, for which the general principles of courts of equity, without the statutory aid, would be wholly inefficient. The scope and effect of these remedial statutes, to some extent, have been ascertained and declared by former decisions of this court, and we are satisfied with the correctness of the conclusions…
2Cases cited2 opinions
- Lawson v. WarrenSupreme Court of Alabama · 1889
- McCullough v. JonesSupreme Court of Alabama · 1890
3Cited by12 opinions
- Cleveland Storage Co. v. Guardian Trust Co.Supreme Court of Alabama · 1930
- Burke v. Josiah Morris & Co.Supreme Court of Alabama · 1898
- Elliott v. KyleSupreme Court of Alabama · 1912
- Kinney v. Reeves & Co.Supreme Court of Alabama · 1904
- McKissack v. Voorhees, Miller & Co.Supreme Court of Alabama · 1898
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