Smith-Dimmick Lumber Co. v. Teague, Barnett & Co.
Supreme Court of Alabama
Appeal from. Dale Chancery Court. Tried before Hon. Jebe N. Williams. The averments of the bill are sufficiently stated in the opinion. The respondents demurred upon the following grounds: (3). It appears in and by the allegations of said bill that the several complainants are each simple contract creditors of this defendant and have no lien upon the property, or any of the property sought to be subject to the payment of their debts.
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Appeal from. Dale Chancery Court. Tried before Hon. Jebe N. Williams. The averments of the bill are sufficiently stated in the opinion. The respondents demurred upon the following grounds: (3). It appears in and by the allegations of said bill that the several complainants are each simple contract creditors of this defendant and have no lien upon the property, or any of the property sought to be subject to the payment of their debts. (4). It appears in and by the allegations of said bill of complaint that the said complainants have never reduced their claims to judgment, — and it does not…
1Opinion of the CourtColeman, J.
Appellees, contract creditors without a lien, file the present bill in their own behalf and in behalf of other creditors Avho might join, against appellant, a corporation averred to be insolvent, and Avhich had ceased to be a going concern, and prayed for the appointment of a receiver and a sale of its assets to satisfy the claims of complainants. The register, Avithout notice to respondent, appointed a receiver. From the order appointing a receiver, the respondent appealed to the chancellor, and demurred to the bill and moved to dismiss the same for Avant of equity.- Before the day of…
2Cases cited8 opinions
- O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
- Burgess & Co. v. MartinSupreme Court of Alabama · 1895
- Corey v. WadsworthSupreme Court of Alabama · 1891
- Barrett & Co. v. Pollak Co.Supreme Court of Alabama · 1895
- Goodyear Rubber Co. v. George D. Scott Co.Supreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- State v. HydeOregon Supreme Court · 1918
- Randolph v. BradfordSupreme Court of Alabama · 1920
- Hines v. SeibelsSupreme Court of Alabama · 1920
- Nicholson v. KingeryWyoming Supreme Court · 1927
8 more not listed; retrieve them via the Exa API.