Williams & Fowler v. Dismukes
Supreme Court of Alabama
Appeal from the Chancery Court of Cullman. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on December 15, 1892, by the appellees, as creditors of B. R. Williams & Sons.
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Appeal from the Chancery Court of Cullman. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on December 15, 1892, by the appellees, as creditors of B. R. Williams & Sons. It was averred in the bill, that prior to December 1, 1892, B. B. Williams & Stins, a firm composed of B. B. Williams, H. H. Williams and B. L. Williams, were merchants doing a general merchandise business in the town of Cullman, and as such merchants contracted debts for goods and merchandise sold to them by the complainants, respectively ; that on November 30, 1892, B. B. Williams & Sons, having become…
1Opinion of the CourtMcCLELLAN, J.
— This case is wholly unlike that of Sackhoff v. Vandergrift, 98 Ala. 192, which is referred to by the chancellor as authority for 'the decree below, and relied on here to support that decree. The point of radical difference lies in the facts that in that case the property for which a receiver was prayed and appointed was in the custody of the chancery court when the bill was filed and by which the receiver was appointed, while in the case at bar the property involved was, at the time of bill filed and receiver appointed, in the custody of another wholly independent and entirely competent…
2Cases cited6 opinions
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Rives v. WilborneSupreme Court of Alabama · 1844
- Langdon & Co. v. BrumbySupreme Court of Alabama · 1844
- Read & Co. v. Sprague & McGownSupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Gay, Hardie & Co. v. StricklandSupreme Court of Alabama · 1896
- Boylston v. Rankin & Co.Supreme Court of Alabama · 1896
- Remington Typewriter Co. v. HallSupreme Court of Alabama · 1913