Bromberg v. Fidelity & Deposit Co.
Supreme Court of Alabama
Autkal from tbe Chancery Court of Mobile. Heard before tbe 1-Ion. Thomas IT. Smith. Tbe bill in this case was filed by the appellee against Cecil Carter, to compel contribution. The facts averred in the bill are sufficiently shown in the opinion. The defendant pleaded nine pleas. The sufficiency of said pleas was questioned by the complainant.
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Autkal from tbe Chancery Court of Mobile. Heard before tbe 1-Ion. Thomas IT. Smith. Tbe bill in this case was filed by the appellee against Cecil Carter, to compel contribution. The facts averred in the bill are sufficiently shown in the opinion. The defendant pleaded nine pleas. The sufficiency of said pleas was questioned by the complainant. The chancellor held that the oth plea, as amended, and the Tth plea presented a good defense to the bill; and, therefore, it is unnecessary to set out these pleas. In the first plea there is set out in extenso the proceedings of the probate judge,…
1Opinion of the CourtDowdell, J.
This is a case of a bill filed by one as surety to compel contribution from other sureties. The respondent, appellant here,-Cecil Carter, filed nine pleas to the bill as amended. A hearing was had upon the sufficiency of these pleas, and a decree was rendered by the chancellor decreeing the fifth plea as amended and the seventh plea presented a good defense to the bill, and overruling the other pleas as being insufficient. From tliis decree, Carter, the respondent, prosecutes this ai>peal.
The facts stated in the bill as amended, show that one E. B. Lott was elected tax collector of Mobile…
2Cases cited3 opinions
- Burnett v. NesmithSupreme Court of Alabama · 1878
- Carter v. Fidelity & Deposit Co.Supreme Court of Alabama · 1901
- Fidelity & Deposit Co. v. Mobile CountySupreme Court of Alabama · 1899
3Cited by5 opinions
- State v. LlewellynNew Mexico Supreme Court · 1917
- Birmingham News Co. v. MoseleySupreme Court of Alabama · 1932
- J. R. Watkins Medicine Co. v. HargettSupreme Court of Alabama · 1923
- Hannis Distilling Co. v. LanningSupreme Court of Alabama · 1915
- State Ex Rel. Gunn v. ArgoSupreme Court of Alabama · 1933