Burke v. Josiah Morris & Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before Hon. A. D. Sayre. Josiah Morris & Oo. brought this bill as judgment creditors of Michael Burke.
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Appeal from the City Court of Montgomery. Heard before Hon. A. D. Sayre. Josiah Morris & Oo. brought this bill as judgment creditors of Michael Burke. It avers that complainants had recovered judgment against, Burke, on which execu-. tion had issued and been returned “no property found;” that Burke owned a half interest in and. to a certain described lot in the city of Montgomery, the legal title to which was in one Charles H. Scott, who in fact held it in trust for Burke; that Burke owned certain other land in Montgomery county, one-half interest in which he-had conveyed to one Chas. D.…
1Opinion of the CourtSharpe, J.
— Unquestionably this bill contains equity under section 814 of the Code which authorizes a judgment creditor Avhose execution has been returned unsatisfied to go into chancery to compel the discovery of any property belonging to the debtor or held in trust for him. The motion to dismiss the bill for want of equity was therefore properly overruled.'
So far as it seeks a discovery of legal assets belonging to the defendant the bill is insufficient for lack of verification by oath.—Lawson v. Warren, 89 Ala. 585; Montgomery & Fla. R. R. Co. v. McKenzie, 85 Ala. 546; Sweetzer, Pembroke & Co. v.…
2Cases cited10 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Livingston v. StorySupreme Court of the United States · 1835
- Montgomery & Florida Railway Co. v. McKenzieSupreme Court of Alabama · 1888
- Beall & Coston v. Lehman Durr Co.Supreme Court of Alabama · 1895
- Brown v. BatesSupreme Court of Alabama · 1846
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hamilton v. Cranford Mercantile Co.Supreme Court of Alabama · 1918
- Shelton v. TimmonsSupreme Court of Alabama · 1914
- First Nat. Bank of Birmingham v. JohnsonSupreme Court of Alabama · 1933
- Henderson v. Farley National BankSupreme Court of Alabama · 1898
- Montgomery Iron Works v. Capital City InsuranceSupreme Court of Alabama · 1902
3 more not listed; retrieve them via the Exa API.