# Medical Soc. of Mobile County v. Walker

> Supreme Court of Alabama · January 13, 1944 · 245 Ala. 135

URL: https://www.frixlaw.com/law-library/cases/3224869

## Case

- **Full name:** MEDICAL SOC. OF MOBILE COUNTY Et Al. v. WALKER
- **Court:** Supreme Court of Alabama
- **Decided:** January 13, 1944
- **Citations:** 245 Ala. 135; 16 So. 2d 321; 1944 Ala. LEXIS 231
- **Precedential status:** Published
- **Opinion:** Dissent by Thomas
- **Judges:** Gardner, Brown, Foster, Stakely, Thomas, Bouldin, Livingston
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3224869

## Opinion text

THOMAS, Justice
(dissenting).
Being in full accord with the treatment given in this case by Mr. Justice LIVINGSTON, I wish to add that the rule of this class of cases (Weatherly v. Medical & Surgical Society of Montgomery County, 76 Ala. 567 , and Chapman v. American Legion, Ala.Sup., 14 So.2d 225 , 147 A.L.R.
*142
585
1
) are not subject to the rule as to necessary parties indicated in the opinion of the majority. The difference between proper parties and necessary parties to a bill is well recognized by all the courts. If a proper party conceives that his rights are being dealt with, a remedy is by way of intervention.
1
244 Ala. 553 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3224869. Public record. Not legal advice.