Mayfield v. Schoolar

Supreme Court of Alabama

Mayfield v. Schoolar

43 So. 12, 149 Ala. 150, 1907 Ala. LEXIS 255

DecidedFebruary 7, 1907

StatusPublished

This text of 43 So. 12 (Mayfield v. Schoolar) 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.

Bluebook

Mayfield v. Schoolar, 43 So. 12, 149 Ala. 150, 1907 Ala. LEXIS 255 (Ala. 1907).

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Opinion

DOWDELL, J. —

The appeal in this case is prosecuted from a decree of the chancellor overruling a motion to dismiss the bill for want of equity. One of the [151]*151objects of the bill is the dissolution of an alleged partnership, of which the complainant was a member, and for an accounting. The averments in this respect unquestionably give equity to the bill. It may be that the bill is defective in some of the averments, but not such as may be reached by a motion to dismiss for want of equity in the bill. The proper practice in such case is to point out the defect, by demurrer. The decree overruling the motion to dismiss is free from error.

Affirmed.

Tyson, C. J., and Anderson and McClellan, JJ., concur.

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DOWDELL, J. —

The appeal in this case is prosecuted from a decree of the chancellor overruling a motion to dismiss the bill for want of equity. One of the [151]*151objects of the bill is the dissolution of an alleged partnership, of which the complainant was a member, and for an accounting. The averments in this respect unquestionably give equity to the bill. It may be that the bill is defective in some of the averments, but not such as may be reached by a motion to dismiss for want of equity in the bill. The proper practice in such case is to point out the defect, by demurrer. The decree overruling the motion to dismiss is free from error.

Affirmed.

Tyson, C. J., and Anderson and McClellan, JJ., concur.

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Bluebook (online)

43 So. 12, 149 Ala. 150, 1907 Ala. LEXIS 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayfield-v-schoolar-ala-1907.