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181 Ala. 320

Phalin v. Dearman

Supreme Court of Alabama

Decided April 24, 1913

Supreme Court of Alabama · decided 1913-04-24

Heard before Hon. Henry B. Poster. Bill by L. H. Dearman against G. W. Phalin, for an accounting. From a decree overruling demurrers to the bill respondents appeal. Counsel discuss the bill and insist that it was subject to the demurrers interposed, but they cite no authority in support of their contention.

Relies on Kirkman v. Vanlier · Chrichton v. Hayles · Hulsey v. Walker County

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1913-04-24

How this case has been cited

Cited by 7 later decisions — most recently April 1958

7 state decisions

2019131920193019401950decided

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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SOMERVILLE, J.

¶1The allegations of the bill of complaint show the existence of mutual accounts between complainant and respondent. In such cases either party may resort to equity for a statement of the accounts and the ascertainment and recovery of any balance due, without regard to the question of confusion or complication. Kirkman v. Vanlier, 7 Ala. 217; Hulsey v. Walker County, 147 Ala. 501, 40 South. 311; Crichton v. Hayles, 176 Ala. 223, 57 South. 696, collecting the authorities.

¶2It is immaterial, of course, that the bill does not claim a balance in favor'of complainant, for he is as much entitled to thus ascertain his indebtedness to respondent as to fix respondent’s indebtedness to him. The demurrers to the bill were properly overruled, and the decree will be affirmed.

¶3Affirmed.

All the Justices concur, except Dowdell, O. J., not sitting.
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