Ferrell v. Leonard

Supreme Court of Alabama

Ferrell v. Leonard

76 So. 51, 200 Ala. 285, 1917 Ala. LEXIS 418

CourtSupreme Court of Alabama

DecidedMay 17, 1917

Docket6 Div. 582.

StatusPublished

Cited by4 cases

This text of 76 So. 51 (Ferrell v. Leonard) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ferrell v. Leonard, 76 So. 51, 200 Ala. 285, 1917 Ala. LEXIS 418 (Ala. 1917).

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Opinion

ANDERSON, C. J.

[1, 2] The final decree in this cause must be reversed, as it was based upon decrees pro confesso taken without notice after the appellants had regularly entered an appearance, some by demurrer, and all by a plea. Chancery Rules 46, 48; Vary v. Thompson, 168 Ala. 371, 52 South. 951. It has been suggested that this is a moot case as to some of these appellants, in that some of them have turned over certain books, funds, etc., to the receiver. Whether this be the case or not, it would not exclude the consideration of the appeal as to the other respondents, there being a severance in the assignments of error, or prevent a reversal, and the respondents who are no longer necessary parties can be discharged by the trial court.

The decree of the chancery court is reversed, and the cause is remanded.

Reversed and remanded.

McClellan, 'sayre, and Gardner, JJ., concur.

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ANDERSON, C. J.

[1, 2] The final decree in this cause must be reversed, as it was based upon decrees pro confesso taken without notice after the appellants had regularly entered an appearance, some by demurrer, and all by a plea. Chancery Rules 46, 48; Vary v. Thompson, 168 Ala. 371, 52 South. 951. It has been suggested that this is a moot case as to some of these appellants, in that some of them have turned over certain books, funds, etc., to the receiver. Whether this be the case or not, it would not exclude the consideration of the appeal as to the other respondents, there being a severance in the assignments of error, or prevent a reversal, and the respondents who are no longer necessary parties can be discharged by the trial court.

The decree of the chancery court is reversed, and the cause is remanded.

Reversed and remanded.

McClellan, 'sayre, and Gardner, JJ., concur.

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76 So. 51, 200 Ala. 285, 1917 Ala. LEXIS 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrell-v-leonard-ala-1917.

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