Cook v. New York Condensed Milk Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before the Hon. Thomas M. Arrington. Bill by the New York Condensed Milk Company and others against George W. Cook for a discovery.
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Appeal from the City Court of Montgomery. Heard before the Hon. Thomas M. Arrington. Bill by the New York Condensed Milk Company and others against George W. Cook for a discovery. The appellees who were simple contract creditors, filed the present bill against George W. Cook, who was alleged in said bill to be insolvent; and after alleging that the said defendant had property, real and personal, which was unknown to the complainants, and secreted by the defendant, prayed for a discovery of all the property owned by the defendant, and that the same be subjected to the payment of complainant’s…
1Opinion of the CourtStone, C. J.
Since the decision in M. & F. Railway Co. v. McKenzie, 85 Ala. 546, the statute under which that proceeding was instituted—Code of 1886, § 3546—has been amended. Sess. Acts 1888-9, p. 96. As the law now stands, “Any number of judgment creditors, upon whose judgments executions have been issued and returned ‘no property found,’ or creditors without liens or judgments, may join as complainants in such bill.” That amendment authorized the joining as co-complainants in the present suit of the several complainants who did unite in bringing it, although their several claims are charged to be due…
2Cases cited7 opinions
- Smith's v. CockrellSupreme Court of Alabama · 1880
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Lawson v. WarrenSupreme Court of Alabama · 1889
- McCullough v. JonesSupreme Court of Alabama · 1890
- Tower Manufacturing Co. v. ThompsonSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Tillery v. Commercial Nat. Bank of AnnistonSupreme Court of Alabama · 1941
- Ex parte ArringtonSupreme Court of Alabama · 1950