Anders Bros. v. Latimer
Supreme Court of Alabama
Appeal from Tusculoosa County Court. Heard before Hon. Henry B. Foster. Bill by E. S. Latimer and others against Anders Brothers and others to have a mortgage declared a general assignment and for other relief. Eespondents filed a plea setting up the pendency of bankrupt proceedings at the time the bill was filed. The court' held this plea insufficient and respondents appealed.
Read the full summary
Appeal from Tusculoosa County Court. Heard before Hon. Henry B. Foster. Bill by E. S. Latimer and others against Anders Brothers and others to have a mortgage declared a general assignment and for other relief. Eespondents filed a plea setting up the pendency of bankrupt proceedings at the time the bill was filed. The court' held this plea insufficient and respondents appealed. Pending said appeal complainants filed replication setting up the dismissal of the bankruptcy proceedings and having had that certified here complainants moved to dismiss the appeal on the ground that the question had…
1Opinion of the CourtMayfield, J.
Appellees, as creditors of Anders Bros., a partnership, filed this their bill against appellants, under section 4295 of the Code, to have declared to be a general assignment a mortgage executed by their debtors to the First National Bank of Tuscaloosa. The respondents appeared specially and moved to dismiss the bill. This motion being overruled, they filed a special plea to abate or stay the suit on the ground of pendency of an involuntary bankruptcy proceeding against respondents Anders Bros, at the-time the bill was filed and at the time of filing the plea. A hearing was had on the…
2Cases cited12 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
- Davis v. BohleCourt of Appeals for the Eighth Circuit · 1899
- Thompson v. LeaSupreme Court of Alabama · 1856
- Allen v. AllenSupreme Court of Alabama · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Norton v. LiddellSupreme Court of Alabama · 1967
- Sylvest v. StowersSupreme Court of Alabama · 1964
- Kinney v. WhiteSupreme Court of Alabama · 1926
- Brown v. StateSupreme Court of Alabama · 1948
- Finch v. FinchSupreme Court of Alabama · 1985
13 more not listed; retrieve them via the Exa API.