Gay, Hardie & Co. v. Brierfield Coal & Iron Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed August 19, 1889, in Colbert county, by Gay, Hardie & Co., a mercantile partnership doing-business in the city of Montgomery, as creditors of the Brier-field Coal & Iron Company, in behalf of themselves and •other creditors who might come in and make themselves parties, against said corporation, and against Wm.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed August 19, 1889, in Colbert county, by Gay, Hardie & Co., a mercantile partnership doing-business in the city of Montgomery, as creditors of the Brier-field Coal & Iron Company, in behalf of themselves and •other creditors who might come in and make themselves parties, against said corporation, and against Wm. L. Chambers, as trustee for the mortgage bondholders under appointment by the Circuit Court of the United States for the Middle District of Alabama; and sought relief as…
1Concurrence
STONE, C. J.,
Concurring. — In this case, the chancellor sustained the demurrer to the bill, and no amendment being offered, there was a decree declaring the bill contained no equity of which that court could entertain jurisdiction. From that interlocutory decree the present appeal is prosecuted. The demurrer admitted the truth of every material averment that is well pleaded. — Flewellen v. Crane, 58 Ala. 627. We will treat the material averments as admitted facts.
The Brierfield Coal & Iron Company was incorporated in 1882, with an authorized capital stock of seven hundred and fifty thousand…
2Cases cited20 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Sawyer v. HoagSupreme Court of the United States · 1873
- Johnson v. WatersSupreme Court of the United States · 1884
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Stout v. LyeSupreme Court of the United States · 1881
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