Elyton Land Co. v. Denny
Supreme Court of Alabama
Appeal from City Court of Birmingham. Heard before Hon. "W. W. WilkersoN. The bill in this case was filed on March 23, 1891, by Rebecca E. Denny, the. appellee, for the purpose of having dower assigned to her in certain lands in Jefferson county, specifically described in the bill, of which it was alleged Joab Bagley, who was her former husband, died seized.
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Appeal from City Court of Birmingham. Heard before Hon. "W. W. WilkersoN. The bill in this case was filed on March 23, 1891, by Rebecca E. Denny, the. appellee, for the purpose of having dower assigned to her in certain lands in Jefferson county, specifically described in the bill, of which it was alleged Joab Bagley, who was her former husband, died seized. The heirs of Joab Bagley, the Elyton Land Company, and certain other persons, who were alleged to.be in possession of certain pax*ts of the land, in which dower . was sought to be assigned, as purchasers from the Elyton Land Company, were…
1Opinion of the CourtHaralson, J.
1- There was no necessity in the beginning to have made S. W. John a party defendant to the bill. Neither the main defendant, the Elyton Land Co., nor any other defendant, had any interest in his being or not being a party. There was no joint interest between him and them. The amendment by which he was stricken out, — made in term-time, on the 15th September, 1892, — was, in no sense, an amend*557ment against the Elyton Land Company, or any other defendant, and gave to' neither any right to a continuance of the cause. The statute provides for a continuance, “as a matter of right,” on account of…
2Cases cited10 opinions
- Jaques v. HortonSupreme Court of Alabama · 1884
- Normant v. Eureka Co.Supreme Court of Alabama · 1893
- Shorter v. SheppardSupreme Court of Alabama · 1859
- Potts v. ColemanSupreme Court of Alabama · 1888
- Skeggs v. HortonSupreme Court of Alabama · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Romans v. NadlerSupreme Court of Minnesota · 1944
- Allen v. ScruggsSupreme Court of Alabama · 1914
- Cross v. AbySupreme Court of Florida · 1908
13 more not listed; retrieve them via the Exa API.