Jones v. Caldwell
Supreme Court of Alabama
Appeal from the City Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Alexander W. Jones, against the appellees, who were the executors of the will of H., M. Caldwell, deceased, and three other named persons defendant. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellant, Alexander W. Jones, against the appellees, who were the executors of the will of H., M. Caldwell, deceased, and three other named persons defendant. The facts of the case are sufficiently stated in the opinion. From a decree sustaining the demurrers interposed by certain named defendants, the present appeal is prosecuted, and this decree is assigned as error. It may be that the bill does not show that each and every one of the defendants are liable to the complainant…
1Opinion of the CourtHaralson, J.
Three of the defendants — London, Milner and Woodward — demurred to the bill. Their demurrers were sustained, and this appeal is prosecuted *366from the decree sustaining them. The grounds of demurrer of each of the appellees, as stated by appellant's counsel in their brief, are in substance the same, and the question decided bj^ the chancellor was, that these appellees were improperly joined as parties respondent with the other defendants ; and the real question at issue on the appeal is, that of misjoinder of the parties defendant.
As to the purposes of the bill, counsel for appellant state :…
2Cases cited4 opinions
- Ex parte SmithSupreme Court of Alabama · 1859
- McKay v. BroadSupreme Court of Alabama · 1881
- Hardin v. SwoopeSupreme Court of Alabama · 1872
- Johnson v. ParkinsonSupreme Court of Alabama · 1878
3Cited by7 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Singleton v. United States F. & G. Co.Supreme Court of Alabama · 1915
- Irwin v. J. S. Reeves Co.Supreme Court of Alabama · 1931
- Lunsford v. MarxSupreme Court of Alabama · 1925
- Keith v. McCordSupreme Court of Alabama · 1903
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