# Burg v. Smith

> Supreme Court of Alabama · March 12, 1931 · 222 Ala. 600

URL: https://www.frixlaw.com/law-library/cases/9825404

## Case

- **Full name:** BURG v. SMITH Et Al.
- **Court:** Supreme Court of Alabama
- **Decided:** March 12, 1931
- **Citations:** 222 Ala. 600; 133 So. 687; 1931 Ala. LEXIS 299
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Anderson, Brown, Sayre, Thomas
- **Cited by:** 6 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/9825404

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9825404. Public record. Not legal advice.