Pollak v. H. B. Claflin Co.
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellant, Ignatius Poliak, against the appellee, the H. B. Claflin Company. The purpose of the bill and the facts of the case averred therein are sufficiently stated in the opinion.
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Appeal from tlie City Court of Montgomery, in Equity. Heard before the Hon. A. D. Sayre. The bill in this case was filed by the appellant, Ignatius Poliak, against the appellee, the H. B. Claflin Company. The purpose of the bill and the facts of the case averred therein are sufficiently stated in the opinion. If the original bill contained equity or was susceptible of amendment so as to make it contain equity, the chancellor erred in sustaining the motion to dismiss.— Boggs v. Edison Elec. III. Co., 96 Ala. 297; Dargin v. Hewlitt, 115 Ala. 510. The jurisdiction of the chancery court having…
1Opinion of the CourtHaralson, J.
The bill is filed to settle accounts between complainant aixd defeixdant, which are alleged to be so complicated aixcl intricate as to require- the court of equity to adjust and settle them — a court of law, as alleged, being incompetent to furnish a co-mixlet-e and adequate remedy therefor.
The respondent’s counsel make a statement of the averments of the bill which, so far as we can discover is fair, and therefore for convenience we adopt it. He says, when stripped of its multifarious allegations, the bill “avers that Poliak & Co. was at one time indebted to the appellee in' the sum of about…
2Cases cited7 opinions
- Continental Life Insurance v. WebbSupreme Court of Alabama · 1875
- Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Knotts v. TarverSupreme Court of Alabama · 1845
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Hall v. McKellerSupreme Court of Alabama · 1908
- Comer v. Birmingham News Co.Supreme Court of Alabama · 1928
- Chrichton v. HaylesSupreme Court of Alabama · 1912
- Crowson v. CodySupreme Court of Alabama · 1921
5 more not listed; retrieve them via the Exa API.