Hulsey v. Walker County
Supreme Court of Alabama
Appeal from Walker Chancery Court. Heard before Hon. A. II. Benners. This was a bill filed in the chancery court of Walker county by Walker county in its corporate capacity án'd through its proper officers against John B. Hulsey, and prays that a receiver be appointed to take charge of and superintend the county’s poorhouse; that said John B. Hulsey be enjoined from further exercising acts of superintendence or control over said poorhouse or its property or inmates; that an…
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Appeal from Walker Chancery Court. Heard before Hon. A. II. Benners. This was a bill filed in the chancery court of Walker county by Walker county in its corporate capacity án'd through its proper officers against John B. Hulsey, and prays that a receiver be appointed to take charge of and superintend the county’s poorhouse; that said John B. Hulsey be enjoined from further exercising acts of superintendence or control over said poorhouse or its property or inmates; that an account be stated between complainant and Hulsey, and said Hulsey be required to pay for timber cut and used by Hulsey…
1Opinion of the CourtAndebson, J.
Mr. Pomeroy, in his excellent work on Equity Jurisprudence (3d Ed.) vol. 4, § 1421, says: “The instances in -which the legal remedies are held to be inadequate, and therefore a suit in equity for an accounting ’ proper, are where there are mutual accounts between the plaintiff and the defendant (that is, where each of the two parties has received and paid an account of the other); where the accounts are all on one side, but there are. circumstances of great complication or difficulties in the way of adequate- relief at law; where a fiduciary relation exists between the parties and the duty…
2Cases cited8 opinions
- Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
- Knotts v. TarverSupreme Court of Alabama · 1845
- Crothers v. LeeSupreme Court of Alabama · 1856
- Tecumseh Iron Co. v. CampSupreme Court of Alabama · 1890
- Perrine v. CarlisleSupreme Court of Alabama · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Phillipps v. Birmingham Industrial Co.Supreme Court of Alabama · 1909
- Chrichton v. HaylesSupreme Court of Alabama · 1912
- Crowson v. CodySupreme Court of Alabama · 1921
- Friedman v. FraserSupreme Court of Alabama · 1908
4 more not listed; retrieve them via the Exa API.