Dickens v. Dickens
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by (Arrie Dickens against Charles C. Dickens to remove administration from, probate to chanceiw court; for an accounting by a surviving partner, and for injunction and receiver. From an order appointing a receiver without notice, respondents appeal.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by (Arrie Dickens against Charles C. Dickens to remove administration from, probate to chanceiw court; for an accounting by a surviving partner, and for injunction and receiver. From an order appointing a receiver without notice, respondents appeal. The bill contains no averment of wrong doing on the part of appellant and no intendments are to be indulged. — Pollard v. ¡Southern Pert, do., 122 Ala. 413. By the established practice independent of the statute courts of equity, being averse to interference ex parte will…
1Opinion of the CourtMcCLELLAN, J.
The bill is exhibited by a distributee oí the estate of a deceased member of a copartnership against the surviving partner, who is also the administrator of the estate of the intestate, and prays the removal of the estate for administration from the probate into the chancery court of Mobile county, the removal of the administrator for causes averred, and for an accounting in the premises by the surviving partner in respect of his acts and doings in performance of the trust involved in the winding up of the dissolved (by death) copartnership, and also that injunctive process issued to conserve…
2Cases cited4 opinions
- Davis v. Sowell & Co.Supreme Court of Alabama · 1884
- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
- Warren & Co. v. PittsSupreme Court of Alabama · 1896
3Cited by4 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Moore v. MooreSupreme Court of Alabama · 1951
- Martin v. CameronSupreme Court of Alabama · 1919
- McGowin v. RobinsonSupreme Court of Alabama · 1949