Flake v. Day & Co.
Supreme Court of Alabama
ERROR to the Chancery Court of Barbour. Heard before the Hon. J. W. LesesNU. Jeremiah Day & Go., of Florida, filed their bill against Wm. Flake and Wm.
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ERROR to the Chancery Court of Barbour. Heard before the Hon. J. W. LesesNU. Jeremiah Day & Go., of Florida, filed their bill against Wm. Flake and Wm. Freeman, in which they set forth, that they are the creditors of James M. Webb & Co. copartners, and recovered a judgment against them in Georgia, in January, 1847, for $888, besides interest and costs, which remains unpaid; that sometime in the year 1846 the defendants purchased of said Webb & Co. their entire stock of goods then on hand in Barbour county, together with all their notes and accounts, for which they gave their note for $1000;…
1Opinion of the CourtPhelan, J.
Two objections are taken in this case by plaintiffs in error, to the exercise of jurisdiction by the Chancery Court.
The first is, that it is not competent for any one, but some one of the complainants, to make the oath required by the statute of the indebtedness of the defendants, and of their son-residence; because, the only words used in the statute as© the words, “ complainant or complainants, or some one of them.” This statute was evidently intended to extend the remedy by attachment in chancery for the recovery of simple contract debts, without putting the creditor to the necessity of…
2Cases cited7 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Hazard v. FranklinSupreme Court of Alabama · 1841
- Foster, Nostrand & Co. v. WalkerSupreme Court of Alabama · 1841
- Scott, Harper & Co. v. DansbySupreme Court of Alabama · 1848
- Matlock v. ThompsonSupreme Court of Alabama · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Floyd v. Ritter's Adm'rSupreme Court of Alabama · 1876
- Billingsley's Heirs v. BillingsleySupreme Court of Alabama · 1861
- Ware v. Seasongood, Menderson & Co.Supreme Court of Alabama · 1890
- Fossett v. TurkSupreme Court of Alabama · 1911