McDonald v. Pearson
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard, before the Hon. IT. A. Sharpe. The complainants, who are the appellants here, exhibited their original bill in -the nature of a bill of review in the city court of Birmingham against the appellee, whereby they sought to impeach, and have set aside, a decree of the city court rendered in favor of appellee.
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Appeal from the City Court of Birmingham, in Equity. Heard, before the Hon. IT. A. Sharpe. The complainants, who are the appellants here, exhibited their original bill in -the nature of a bill of review in the city court of Birmingham against the appellee, whereby they sought to impeach, and have set aside, a decree of the city court rendered in favor of appellee. The facts averred in the bill were substantially as follows : The decree sought to be impeached was rendered in the cause in the city court of McDonald v. McDonald, which was a suit brought by some of the complainants in this suit…
1Opinion of the Court
BRICKELL, C. J. —
The appeal is taken from a decree of the city court, sitting in equity, sustaining a demurrer to a bill; the demurrer assigning eleven separate, distinct causes. The decree is in its terms general, that the demurrer is well taken and is sustained, not referring to either or any of the causes specially assigned. It is insisted by the appellants, that if any of the causes of demurrer were illy taken or assigned, there must be a reversal of the decree, though there were other causes well taken, and which ought to have been sustained. While the appellee insists, that if any of…
2Cases cited13 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Ex parte SmithSupreme Court of Alabama · 1859
- Harrell v. MitchellSupreme Court of Alabama · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Mudd v. LanierSupreme Court of Alabama · 1945
- Bolden v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1925
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
45 more not listed; retrieve them via the Exa API.