Legal Opinion

Shepherd v. Birmingham Trust & Savings Co.

Supreme Court of Alabama

Decided January 7, 1937No. 6 Div. 20PublishedCited by 11 opinions

1Opinion of the Court

BROWN, Justice.

The rules of good pleading in equity require that the complainant must plead his character and capacity to sue, as well as his right to invoke the jurisdiction of the court in granting him relief. Shipman on Equity Pleading (pages 183, 184) observes: “The second part of the bill is called the ‘introduction.’ It immediately follows the address to the court, and must contain a correct designation and description of all persons appearing as complainants, giving their names, places of abode, the character in which they sue, if they sue in autre droit, and such other description as…

2Cases cited18 opinions

  1. Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
  2. Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
  3. Clark v. Jones & BrotherSupreme Court of Alabama · 1888
  4. Langley v. AndrewsSupreme Court of Alabama · 1902
  5. Silverstein v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936

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

3Cited by11 opinions

  1. Barnett v. WaddellSupreme Court of Alabama · 1946
  2. Penick v. Most Worshipful Prince Hall Grand Lodge F & a M of Alabama, Inc.Supreme Court of Alabama · 2010
  3. Tillman v. Calhoun Lumber Co.Supreme Court of Alabama · 1944
  4. Johnson v. StateAlabama Court of Appeals · 1965
  5. Walter T. Weaver Co. v. LongshoreSupreme Court of Alabama · 1940

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

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