Legal Opinion

Boger v. Jones Cotton Co.

Supreme Court of Alabama

Decided March 11, 1937No. 8 Div. 748PublishedCited by 7 opinions

1Opinion of the Court

BOULDIN, Justice.

Among the grounds of demurrer to the bill as amended was misjoinder of parties complainant. The decree sustained the demurrer generally, making no reference to specific grounds. If there was a misjoinder, the decree is due to be affirmed.

The objection goes to the entire bill, and should be sustained notwithstanding the bill has equity in favor of the proper party complainant. In such case the decree is referred to the good ground of demurrer. Daniel et al. v. Daniel et al., 202 Ala. 635, 81 So. 577; Id., 214 Ala. 406, 108 So. 42.

The bill was filed by W. A. Boger, as trustee…

2Cases cited9 opinions

  1. Bailey v. Baker Ice MacHine Co.Supreme Court of the United States · 1915
  2. Nelson v. HubbardSupreme Court of Alabama · 1892
  3. Stuart v. HoltSupreme Court of Alabama · 1916
  4. Kibbe v. ScholesSupreme Court of Alabama · 1929
  5. Forsyth v. Alabama City, G. & A. Ry. Co.Supreme Court of Alabama · 1922

4 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Perry O. Hooper, as Trustee in Bankruptcy of Consolidated American Industries, Inc. v. Mountain States Securities CorporationCourt of Appeals for the Fifth Circuit · 1960
  2. Doremus v. Workers' Comp. Self-InsurersSupreme Court of Alabama · 1996
  3. Boozer v. BlakeSupreme Court of Alabama · 1944
  4. Moore v. John Hancock Life Ins. Co.Supreme Court of Alabama · 2003
  5. Autauga Co-Operative Leasing Ass'n v. WardSupreme Court of Alabama · 1948

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API