Elliott v. Kyle
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by T. S. Kyle against J. M. Elliott, Jr., and others, for discovery. From a decree overruling demurrers to the bill, defendants appeal.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Bill by T. S. Kyle against J. M. Elliott, Jr., and others, for discovery. From a decree overruling demurrers to the bill, defendants appeal. The bill alleges that Kyle recovered a judgment against Elliott in Tennessee (naming the court and alleging its jurisdiction) in the sum of $72, 075.72, which had been credited with the sum of $42,308, leaving a balance still due on said judgment of $32,000', with interest. It is then averred that Elliott had no visible property or means subject- to legal process of value sufficient to pay…
1Opinion of the CourtMayfield, J.
Appellee filed this his hill under section 3740 et seq., of the Code, as a creditor of J. M. Elliott, Jr., one of the appellants, for a discovery. The debt alleged to be due and owing from appellant to appellee was evidenced by a judgment in the Supreme Court of Tennessee and was for more than $30,000. There is no allegation or.insistence that any suit has been brought in this state upon that judgment; but complainant falls clearly Avithin the class of simple contract creditors .who are expressly authorized to maintain such a bill. So, under the statute, it is wholly immaterial whether the…
2Cases cited3 opinions
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Pollak v. BillingSupreme Court of Alabama · 1901
- Sweetzer, Pembrook & Co. v. BuchananSupreme Court of Alabama · 1891
3Cited by8 opinions
- Hays v. McCartySupreme Court of Alabama · 1940
- Hackney v. YarbroughSupreme Court of Alabama · 1937
- Lee v. City of BirminghamSupreme Court of Alabama · 1931
- Shaffield v. ShaffieldSupreme Court of Alabama · 1948
- Anderton v. HiterSupreme Court of Alabama · 1939
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