Legal Opinion

Weller & Sons v. Rensford

Supreme Court of Alabama

Decided January 13, 1910PublishedCited by 8 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Certain parties filed a. bill in the chancery court against Harry Rensford, et al., to compel a removal of the estate of his decedent from the probate to the chancery court, and for the appointment of a receiver.

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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Certain parties filed a. bill in the chancery court against Harry Rensford, et al., to compel a removal of the estate of his decedent from the probate to the chancery court, and for the appointment of a receiver. Weller & Sons were creditors of the estate and had filed their claim with the register in chancery, bnt were not parties to the cause in the chancery court, although counsel representing them had assisted in the preparation of the suit in the application for a receiver. Weller & Sons sought to intervene, but on…

1Opinion of the CourtAnderson, J.

The various petitions filed by the appellants were not in form or substance petitions for leave to intervene. They in effect assumed that the appellants were in court, and sought to have certain things done in the premises. The first petition was to require the respondent to file his account and vouchers and make a settlement; the second was a mere protest against granting a motion made by the 'respondent; and the third was in no sense a proper petition for leave to intervene. It did ask for a further prosecution of the cause, and that appellants be substituted, if necessary, for the original…

2Cases cited6 opinions

  1. Tygh v. DolanSupreme Court of Alabama · 1891
  2. Ex parte GraySupreme Court of Alabama · 1908
  3. Thornton v. Highland Avenue & Belt RailroadSupreme Court of Alabama · 1891
  4. Birmingham Loan & Auction Co. v. First National BankSupreme Court of Alabama · 1893
  5. Reese v. NolanSupreme Court of Alabama · 1892

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

3Cited by8 opinions

  1. W. L. Weller & Sons v. RensfordSupreme Court of Alabama · 1914
  2. Grace v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1952
  3. Rollins v. DeasonSupreme Court of Alabama · 1955
  4. Rosenberg v. MehlOhio Court of Appeals · 1930
  5. City of Birmingham v. HallmarkSupreme Court of Alabama · 1957

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

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