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149 Ala. 150

Mayfield v. Schoolar

Supreme Court of Alabama

Decided February 7, 1907

Supreme Court of Alabama · decided 1907-02-07

Heard before Hon. Alfred H. Benners. Bill by Kate Bell Schoolar against J. C. Mayfield and others. Prom a decree overruling defendants’ motion to dismiss the bill, they appeal. Counsel discuss assignments of error but cite no authority. No brief came to the reporter.

Affirmed · Decided 1907-02-07

DOWDELL, J. —

¶1The 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 *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.

¶2Affirmed.

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