Hart v. Clark
Supreme Court of Alabama
Appeal from Chancery Court of Barbour. Heard before Hon. B. B. McCraw. The original bill in this cause was filed, by the appellant, Hart, against appellee, Emeline Clark, to enjoin the collection of a judgment, which the latter had obtained against him. ' According to its statements, one John W. Clarke, husband of said Emeline, was complainant’s partner in the “ warehouse business ” in-the city of Eufaula, the partnership owning a negro man and dray and mules.
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Appeal from Chancery Court of Barbour. Heard before Hon. B. B. McCraw. The original bill in this cause was filed, by the appellant, Hart, against appellee, Emeline Clark, to enjoin the collection of a judgment, which the latter had obtained against him. ' According to its statements, one John W. Clarke, husband of said Emeline, was complainant’s partner in the “ warehouse business ” in-the city of Eufaula, the partnership owning a negro man and dray and mules. Clark died in 1862, and his wife Emeline and one Bobinson qualified as administrators, and in the year 1863 obtained an order for the…
1Opinion of the CourtStone, J.
The present case was submitted to the chancellor, in term time, on, first, the demurrer; second, on motion to dissolve the injunction on the denials in the answer. The demurrers for multifariousness and for repugnancy between the original and amended bills, are not well taken. No argument is here offered in support of them, and we find, nothing in the pleadings to justify either.
The only other demurrer is a general one — -that there is no equity in the bill or amended bill. This, under the statute, we are not permitted to consider. — Pev. Code, § 3350.
The answer is not so verified as that we…
2Cases cited6 opinions
- State ex rel. Spence v. Judge of the Ninth Judicial CircuitSupreme Court of Alabama · 1848
- McGehee v. RumpSupreme Court of Alabama · 1861
- Clark v. HartSupreme Court of Alabama · 1873
- Lewen v. StoneSupreme Court of Alabama · 1842
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Goldthwaite v. JanneySupreme Court of Alabama · 1893
- Crescent Brewing Co. v. HandleySupreme Court of Alabama · 1890
- Baker v. BoonSupreme Court of Alabama · 1892
- Mobile & Montgomery Railway Co. v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.