Terrell v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. . Heard before Hon. A. H. Benners. Bill by Southern Railway Company against A. J. Terrell and the Union Stone & Contracting Company for discovery, accounting, to enjoin a pending action at law, and settling the equities between the parties. Prom a decree overruling demurrers to the bill, defendants appeal.
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Appeal from Jefferson Chancery Court. . Heard before Hon. A. H. Benners. Bill by Southern Railway Company against A. J. Terrell and the Union Stone & Contracting Company for discovery, accounting, to enjoin a pending action at law, and settling the equities between the parties. Prom a decree overruling demurrers to the bill, defendants appeal. The first paragraph, after describing the parties to the suit, avers upon information and belief that A. J. Terrell is the sole executive officer of the Union Stone & Contracting Company, and as such has charge and control of the property, business,…
1Opinion of the CourtMayfield, J.
The bill in this case is one for discovery and relief, as well as for discovery in aid of a pending action at law. It is not, as appellants treats it, purely and solely for discovery in aid of a pending suit.(1) The bill seeks to discover to which of the two defendants the complainant is liable, if liable at all, as to matters set forth in the bill — alleging that it may be liable to one or the other, but not to both, and that it cannot know specifically which, except by discovery.
*435(2) It shows the necessity for, and seeks, an aecouning, to ascertain the amount of complainant’s liability to…
2Cases cited15 opinions
- County of Dallas v. TimberlakeSupreme Court of Alabama · 1875
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Hall v. McKellerSupreme Court of Alabama · 1908
- Handley v. HeflinSupreme Court of Alabama · 1887
- Whaley v. WilsonSupreme Court of Alabama · 1896
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dewberry v. Bank of Standing RockSupreme Court of Alabama · 1933
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- McCary v. McLendonSupreme Court of Alabama · 1915
- Dorrough v. Mt. Pleasant Fertilizer Co.Supreme Court of Alabama · 1924
3 more not listed; retrieve them via the Exa API.