Opinion

Burg v. Smith

  • 222 Ala. 600
  • 133 So. 687
  • 1931 Ala. LEXIS 299
Court
Supreme Court of Alabama
Filed
Mar 12, 1931
Status
Published
On the bench
Anderson, Brown, Sayre, Thomas
Cited by
6 cases

The opinion

On Rehearing.

The action of the trial court in sustaining demurrer is justified in the failure of proper parties, or in the averment explaining the failure thereof, that orator does not know and has been unable to ascertain, after the exercise of due diligence, who are the holders of said stock other than himself and those made respondents. Due diligence and facts showing manifest inconvenience or necessary and oppressive delay are required to bring such case, as to necessary parties, within Rule 19 as to parties in interest that are not brought before the court by such a bill.

The complainant has thirty days from the date of this judgment to amend the bill, if this is desired. '

The rehearing is granted, judgment of reversal set aside, and judgment of the trial court is affirmed.

ANDERSON, O. J., and SAYRE and BROWN, 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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