Opinion

Shepherd v. Birmingham Trust & Savings Co.

  • 233 Ala. 324
  • 171 So. 910
Court
Supreme Court of Alabama
Filed
Jan 7, 1937
Status
Published
Author
Thomas
On the bench
Thomas, Anderson, Brown, Knight
Cited by
0 cases
Authority
More cited than 43.7%

The opinion

THOMAS, Justice.

The appeal in this case is from a decree overruling the demurrer as last amended to the bill.

There was an order duly made by the judge of the circuit court to consolidate this cause (No; 40502) with cause No. 40501, Birmingham Trust & Savings Company, as Trustee, etc., v. Everett Shepherd et al., and prosecute causes numbered 40502 and 40503 under cause No. 40501.

The decision of this court in cause No. 40501, opinion by Mr. Justice Brown, is to the effect that the demurrer should have been sustained to the bill. The writer is likewise of the same opinion, and this cause is therefore reversed and remanded on the authority of cause No. 40501, Everett Shepherd et al. v. Birmingham Trust & Savings Company, ante, p. 320, 171 So. 906 , this day decided.

Reversed and remanded.

ANDERSON, C. J., and BROWN and KNIGHT, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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