Reese & Heylin v. Bradford
Supreme Court of Alabama
Writ of Error to the Chancery Court of Macon. Before the Hon. D. G. Ligón. The plaintiffs in error filed their bill, in behalf of themselves, and all the other creditors of the firm of Thomas & Hunter, who would make themselves parties to the same as complainants, and would bear their proportion of the expenses thereof. They alledge, that Thomas & Hunter commenced business in Tuskegee, as partners, in March, 1844, did an extensive business, and realized good profits.
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Writ of Error to the Chancery Court of Macon. Before the Hon. D. G. Ligón. The plaintiffs in error filed their bill, in behalf of themselves, and all the other creditors of the firm of Thomas & Hunter, who would make themselves parties to the same as complainants, and would bear their proportion of the expenses thereof. They alledge, that Thomas & Hunter commenced business in Tuskegee, as partners, in March, 1844, did an extensive business, and realized good profits. That in March, 1845, they went to the north, and purchased extensively, goods suitable to the market, and there purchased of…
1Opinion of the CourtDargan, J.
The first question to be examined is, whether a court of equity has jurisdiction under the facts alledged in the bill, to grant the relief sought by it ?
The jurisdiction is attempted to be maintained, first, upon the ground that Thomas, one of the debtors, has removed from the State of Alabama, and now resides in the State of Georgia, and is insolvent. It is true, that if a party is not within the jurisdiction of .the eourt, a court of equity will sometimes proceed against those who are, and afford relief, if it can be done consistently with the merits of the case, and the rights of the…
2Cases cited5 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Beck v. BurdettNew York Court of Chancery · 1829
- Livingston v. LivingstonNew York Court of Chancery · 1820
- Moore v. SimpsonCourt of Appeals of Kentucky · 1824
- Monroe v. CutterCourt of Appeals of Kentucky · 1839
3Cited by21 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
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