# Shepherd v. Birmingham Trust & Savings Co.

> Supreme Court of Alabama · January 7, 1937 · 233 Ala. 324

URL: https://www.frixlaw.com/law-library/cases/3231709

## Case

- **Full name:** Everett SHEPHERD Et Al. v. BIRMINGHAM TRUST & SAVINGS CO., as Trustee, Etc.
- **Court:** Supreme Court of Alabama
- **Decided:** January 7, 1937
- **Citations:** 233 Ala. 324; 171 So. 910
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Thomas
- **Judges:** Thomas, Anderson, Brown, Knight
- **Cited by:** 0 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/3231709

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3231709. Public record. Not legal advice.