Lowery v. Green

Decided May 1, 1919

Supreme Court of Alabama · decided 1919-05-01

Bill by D. F. Green, as Superintendent of Banks, against W. R. Lowery and wife. From a decree overruling a demurrer to the bill, defendants appeal. The affairs of the Union State Bank, a corporation in Chilton county, Ala., are in the hands of the superintendent of banks of this state for liquidation, as provided by statute, and the court has taken jurisdiction of the administration of said trust.

Cited by 2 later decisions — most recently February 1941

2 state decisions

Relies on Smith v. Young · Baker v. Gate City Coffin Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1919-05-01

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GARDNER, J.

¶1 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.

¶2 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.

¶3 The dedree of the court below will be here alfilrmed.

¶4 Affirmed.

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