Lowery v. Green

81 So. 676, 203 Ala. 8, 1919 Ala. LEXIS 103

• Court: Supreme Court of Alabama
• Decided: May 1, 1919
• Docket: 5 Div. 714.
• Status: Published

Opinion

GARDNER, J.

Counsel for appellant insist that the bill as amended is multifarious, in that it seeks to have the conveyance here assailed declared a general assignment for the benefit of creditors, and in the alternative to have the same annulled as fraudulent and void. This is the only question presented upon this appeal.

The authorities relied upon antedate the adoption of the Code of 1907. It is now well settled by our decisions that, under the influence of section 3095 of the Code of 1907, such a bill is not subject to the objection of multifariousness. Smith v. Young, 173 Ala. 190, 55 South. 425; D. W. Baker et al. v. Gate City Coffin Co. (present term) 203 Ala. 6, 81 South. 674.

The dedree of the court below will be here alfilrmed.

Affirmed.

ANDERSON, O. X, and MeCLELLAN and SAYRE, JX, concur.