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123 Ala. 479

Cottingham v. Greely

Supreme Court of Alabama

Decided November 15, 1898

Supreme Court of Alabama · decided 1898-11-15

Heard before the Hon. Trios. H. Smith, The bill in .this ease was filed by the appellees'as judgment creditors of E. N. Cottingham & Co., and averred that prior to December 23d, 1892, the complainants were the creditors of E. N. Cottingham & Co., a firm carrying on a mercantile business and composed of E. N. Cottingham and J. L. Suttle; that judgment was recovered on their claims and execution issued on said judgment and returned “No property found;” that on December 23d,…

Relies on Watson v. Jones Bros.

Good law ✅— No negative treatment on recordhow we know

Decided 1898-11-15

How this case has been cited

Cited by 8 later decisions — most recently April 1952

8 state decisions

401898190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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TYSON, J.

¶1The appellants seek a review of a decree in their favor sustaining the first assignment of demurrer interposed by them and overruling their motion to dismiss the complainants’ bill for want of equity, and other grounds of demurrer assigned by them.

¶2There was no amendment by the complainants of their bill to meet the defect pointed out by the demurrer which the chancellor sustained, and until the bill is amended the complainants have no cause in court, and should they fail to make the amendment within the time réquired by the order of the court the appellants go out *482of court with their costs. They cannot come here' to have this court review the decree upon the demurrer in their favor, or “to render any judgment here in respect to a mythical decree, a decree never rendered in legal contemplation against them.” Watson v. Jones Bros., 121 Ala. 579.

¶3The motion to dismiss the bill for want of equity was properly denied.

¶4Affirmed.

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