Price v. Carney
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Joi-iN A. Fosteb. This was a bill in equity by Thomas H. Price, as surviving partner of Gibbons & Price, a late partnership engaged in the practice of the law, and D. C. Anderson and James Bond, partners practicing law under the firm name of Anderson & Bond, against James A. Carney, Elijah S. Taylor, John B. Bryars and "Wiley Bryars; and was filed on 28th December, 1881. As appears from' the record, on and prior to 25th…
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Appeal from Mobile Chancery Court. Heard before Hon. Joi-iN A. Fosteb. This was a bill in equity by Thomas H. Price, as surviving partner of Gibbons & Price, a late partnership engaged in the practice of the law, and D. C. Anderson and James Bond, partners practicing law under the firm name of Anderson & Bond, against James A. Carney, Elijah S. Taylor, John B. Bryars and "Wiley Bryars; and was filed on 28th December, 1881. As appears from' the record, on and prior to 25th April, 1879, there were pending and undetermined in the circuit court of Baldwin county two attachment suits against James…
1Opinion of the Court
BEIOKELL, O. J.
There are numerous objections to the admissibility of evidence, not considered by the chancellor, and a consideration of which was unnecessarj^ in the view he felt constrained to take of the case. We do not find it necessary now to make them matter of special consideration, for the material facts, upon which the rights of the parties depend, are few, and are shown either by evidence which is uncontro-verted, or by evidence free from all just objection.
The primary question is, whether the contract of April 25, 1879, is tainted with champerty. When fairly analyzed, the objects…
2Cases cited5 opinions
- Wiley, Banks & Co. v. KnightSupreme Court of Alabama · 1855
- Smyth v. OliverSupreme Court of Alabama · 1857
- Walker v. CuthbertSupreme Court of Alabama · 1846
- Ware's Adm'r v. RussellSupreme Court of Alabama · 1881
- Poe v. DavisSupreme Court of Alabama · 1857
3Cited by8 opinions
- Anderson v. AndersonSupreme Court of Alabama · 1948
- Little v. PeevySupreme Court of Alabama · 1939
- Silvey & Co. v. CookSupreme Court of Alabama · 1914
- United States Fidelity & Guaranty Co. v. RemondSupreme Court of Alabama · 1930
- Gulf Red Cedar Co. v. CrenshawSupreme Court of Alabama · 1902
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