Garry & Welpin v. Jenkins, Moore & Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hon Wm. W. Wilkerson. contended that thedecree of June 29, 1893, was not final, under any rules laid down by this court, aud, in support of this proposition, cited 1 Daniel 1’3 Oh. Pr.
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Appeal from the City Court of Birmingham. Heard before the Hon Wm. W. Wilkerson. contended that thedecree of June 29, 1893, was not final, under any rules laid down by this court, aud, in support of this proposition, cited 1 Daniel 1’3 Oh. Pr. (Cooper’s note, Ed. .1879), Marg. p. 794, & notes: Garner v. Prewitt„ 32 Ala. 18; Walker v. Crawford, 70 Ala. 571; Kimball v. Rogers, 90 Ala. 343; Randal v. Boyd, 73 Ala. 285. (1) When a decree is final upon the merits,— adjudging the equities and settling the rights of the'parties, — an appeal will lie under the statutes. If the decree possesses these…
1Opinion of the CourtMcCLELLAN, J.
The bill in this case was filed by Jenkins, Moore & Co. and others on behalf of themselves and all other creditors of Garry & Welpin who should come in and propound their claims, &c.,&c., against said Garry & Welpin, Charles Drennen, and the Jefferson County Savings Bank. The bill alleged Ghat the complainants were creditors, in the several amounts set out therein, of Garry & Welpin, on and prior to October 1st, 1891 ; that Garry & Welpin were then insolvent, and known to the other respondents to be so ; that on said day said Garry & Welpin sold and transferred their entire stock of goods,…
2Cases cited16 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Ex parte Elyton Land Co.Supreme Court of Alabama · 1893
- Cochran v. MillerSupreme Court of Alabama · 1883
- Garner v. PrewittSupreme Court of Alabama · 1858
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Dickens v. DickensSupreme Court of Alabama · 1911
- Harris v. JohnsonSupreme Court of Alabama · 1912
7 more not listed; retrieve them via the Exa API.