Weis v. Goetter, Weil & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Conecuh. Heard before the Hon. JohN A. Fosteb. The bill in this case was filed on the 22d November, 1882, by G-oetter, Weil & Co., a mercantile partnership doing business in the city of Montgomery, as a creditor at large of M. H. Jacoby, against said Jacoby and Mark Weis; and sought to set aside, on the ground of fraud, a sale and transfer of his entire stock of goods by said Jacoby to said Weis; and also an injunction to prevent the…
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Appeal from the Chancery Court of Conecuh. Heard before the Hon. JohN A. Fosteb. The bill in this case was filed on the 22d November, 1882, by G-oetter, Weil & Co., a mercantile partnership doing business in the city of Montgomery, as a creditor at large of M. H. Jacoby, against said Jacoby and Mark Weis; and sought to set aside, on the ground of fraud, a sale and transfer of his entire stock of goods by said Jacoby to said Weis; and also an injunction to prevent the defendants from removing or disposing of the goods, and the appointment of a receiver to take charge and custody of the…
1Opinion of the CourtStone, J.
This is an appeal from an order appointing a receiver, and the record presents no other question. The bill was filed November'22d, 1882, and on the same day summons was issued and served on each of the defendants. On the same day, November 22d, a petition was filed, praying the appointment of a receiver, and setting November 28th for its hearing in vacation. Notice of this motion was also issued and served on the same day, November 22d. The bill was b}r a creditor at large, and was filed under section 3886 of the Code, which enacts that, “ a creditor without a lien may file a bill in…
2Cases cited3 opinions
- Evans v. WelchSupreme Court of Alabama · 1879
- Dargan v. WaringSupreme Court of Alabama · 1847
- Briarfield Iron Works Co. v. FosterSupreme Court of Alabama · 1875
3Cited by10 opinions
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Dickinson v. National Bank of the RepublicSupreme Court of Alabama · 1893
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Brooke v. TuckerSupreme Court of Alabama · 1907
- Thompson v. Tower Manufacturing Co.Supreme Court of Alabama · 1888
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