Porter & Co. v. Ullman
Supreme Court of Alabama
Appeal from the City Court of Talladega, in Equity. Heard before the Hon. John W. Bishop. The bill in this case was filed by the appellees against the appellants. The averments of the bill and the relief sought are sufficiently stated in the opinion. The appeal is taken from the decree of the city court overruling the demurrers of the respondent to the bill. 1. There was a misjoinder of parties complainant. — Story’s Eq. Pleading, § 161 and note ; 4 Amer. & Eng.
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Appeal from the City Court of Talladega, in Equity. Heard before the Hon. John W. Bishop. The bill in this case was filed by the appellees against the appellants. The averments of the bill and the relief sought are sufficiently stated in the opinion. The appeal is taken from the decree of the city court overruling the demurrers of the respondent to the bill. 1. There was a misjoinder of parties complainant. — Story’s Eq. Pleading, § 161 and note ; 4 Amer. & Eng. Encyc. of Law, 574. There was a misjoinder of parties respondent.— Story’s Eq. Pleading, § 161 and note. 2. There is no sufficient…
1Opinion of the CourtColeman, J.
The appellees, simple contract creditors of appellants, filed the present bill to reach and subject to the payment of their respective claims, an indebtedness which had accrued against the Georgia Home Insurance Company upon a policy issued in favor of A. L. Porter & Co., the debtors, to secure their stock of goods against fire and which has become payable. Complainants’ contention is, that the averments of the bill are sufficient to bring their case within the provisions of section 3544 of the Code, which provides that “a creditor without a lien may file a bill in chancery to discover or to…
2Cases cited5 opinions
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Reese & Heylin v. BradfordSupreme Court of Alabama · 1848
- Brown v. BurnumSupreme Court of Alabama · 1892
- Aiken v. SteinerSupreme Court of Alabama · 1893
- Coffin v. McCullough's Adm'rSupreme Court of Alabama · 1857