O'Kelley v. Clark
Supreme Court of Alabama
Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by 13. B. O’K'elley against Dan Clark, to dissolve a partnership and for an accounting. Decree for respondent, and complainant appeals. The appellant and appellee were partners under the firm name of City Pharmacists, engaged in the retail drug business.
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Appeal from Geneva Chancery Court. Heard before Hon. L. D. Gardner. Bill by 13. B. O’K'elley against Dan Clark, to dissolve a partnership and for an accounting. Decree for respondent, and complainant appeals. The appellant and appellee were partners under the firm name of City Pharmacists, engaged in the retail drug business. The respondent filed an answer to the bill, admitting the partnership, and admitting a sale by him of the goods and business without the cooperation of complainant, but alleging that such sale was justified by the necessities of the case. The complainant owned an…
1Opinion of the CourtAnderson, J.
— It is a well-settled rule in equity practice that a defendant will be granted affirmative relief only on cross-bill. — 5 Encyc. of PI. & Pi. p. 634. There are, however, several exceptions to this rule, and it has been generally held that a defendant in a suit in equity for an accounting may have affirmative relief without filing a cross-bill or counterclaim therein. This exception is as well settled and uniformly applied as the rule itself. — Downes v. Woarch, 28 R. I. 99, 65 Atl. 603, 13 Ann. Cas. 647; see note wherein the cases are collected. This exception to the rule, as to no necessity…
2Cases cited4 opinions
- Denman v. PayneSupreme Court of Alabama · 1907
- Masterson v. MastersonSupreme Court of Alabama · 1858
- McKenzie v. MatthewsSupreme Court of Alabama · 1907
- Downes v. WorchSupreme Court of Rhode Island · 1906
3Cited by12 opinions
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
- O'Rear v. O'RearSupreme Court of Alabama · 1933
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Hamilton v. Terry Furniture & Loan Co.Supreme Court of Alabama · 1921
- McElhaney v. SingletonSupreme Court of Alabama · 1960
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