Rapier v. Gulf City Paper Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hon. H. Austill. The bill in this case was filed, on the 15th May, 1877, by the Gulf City Paper Company, a corporation chartered under the laws of this State, against John L. Bapier, Joseph Hodgson, the personal representative of John Forsyth, deceased, and several other persons ; and sought to assert and enforce, against the conflicting claims and liens of the several defendants, the claimant’s rights to the…
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Appeal from the Chancery Court of Mobile. Heard before the Hon. H. Austill. The bill in this case was filed, on the 15th May, 1877, by the Gulf City Paper Company, a corporation chartered under the laws of this State, against John L. Bapier, Joseph Hodgson, the personal representative of John Forsyth, deceased, and several other persons ; and sought to assert and enforce, against the conflicting claims and liens of the several defendants, the claimant’s rights to the property belonging to the printing establishment known as the Mobile Register office, as hereinafter more particularly…
1Opinion of the CourtBriceell, C. J.
The rule of pleading in equity, as at law, can not be doubted, that the plaintiff must show an actual existing interest in the subject-matter of the suit, giving him the right to sue concerning it. The rule is stated with precision by Chilton, J., in McKinley v. Irvine, 13 Ala. 693 : “ The complainant must show, by his allegations in the bill, that he is entitled to the relief which he seeks; and if he fails to set forth every essential fact necessary to make out his title to maintain the bill, the defect will be fatal.” A bill which does not show that the complainant has an interest in the…
2Cases cited9 opinions
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Rives v. WilborneSupreme Court of Alabama · 1844
- Grant v. DuaneCourt for the Trial of Impeachments and Correction of Errors · 1812
- Kemp v. PorterSupreme Court of Alabama · 1844
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Builders' & Painters' Supply Co. v. Lucas & Co.Supreme Court of Alabama · 1898
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Early & Lane v. OwensSupreme Court of Alabama · 1880
25 more not listed; retrieve them via the Exa API.