Orman v. Lane
Supreme Court of Alabama
Appeal from the Chancery Court of Franklin. Heard before the Hon. William H. Simpson. The bill in this case was filed on August 31, 1901, by the appellee, Charles P. Lane, as trustee in bankruptcy of the estate of William A. Orman, who had been declared a bankrupt, against the said William A. Orman, Kate W. Orman and Morris Adler and other named defendants. . It was averred in the bill that William A. Orman had been duly and regularly declared a bankrupt, and Charles P. Lane…
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Appeal from the Chancery Court of Franklin. Heard before the Hon. William H. Simpson. The bill in this case was filed on August 31, 1901, by the appellee, Charles P. Lane, as trustee in bankruptcy of the estate of William A. Orman, who had been declared a bankrupt, against the said William A. Orman, Kate W. Orman and Morris Adler and other named defendants. . It was averred in the bill that William A. Orman had been duly and regularly declared a bankrupt, and Charles P. Lane was named and qualified as the trustee of his estate, and in the schedule of his property, owned by him, in said…
1Opinion of the CourtMcCLELLAN, C. J.
The considerations which underlie the doctrine that the pendency of a previously instituted suit is good ground for abatement of another suit between the same parties and upon the same cause of action take no account of the puissance of, or the want of it in the former action. As was said in Foster v. Napier, 73 Ala. 603: “It is the pendency of two suits for the same cause, their existence simal et semel, the law deems vexatious, and discountenances. * * * * Whether the prior suit is capable of being made effectual, is, in the second suit, a collateral and incidental inquiry; however it may…
2Cases cited2 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Foster v. NapierSupreme Court of Alabama · 1883
3Cited by17 opinions
- Terrell v. City of BessemerSupreme Court of Alabama · 1981
- Interstate Chemical Corp. v. Home Guano Co.Supreme Court of Alabama · 1917
- Fegaro v. South Central BellSupreme Court of Alabama · 1971
- Manufacturers' Bottle Co. v. Taylor-Stites Glass Co.Massachusetts Supreme Judicial Court · 1911
- LA Draper & Son v. WHEELABRATOR-FRYESupreme Court of Alabama · 1984
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