Drennen v. Alabama Nat. Bank

• Citation: 23 So. 71,117 Ala. 320
• Parties: DRENNEN v. ALABAMA NAT. BANK.
• Decision Date: 02 February 1898
• Court: Supreme Court of Alabama

23 So. 71

117 Ala. 320

DRENNEN v. ALABAMA NAT. BANK.

Supreme Court of Alabama

February 2, 1898

Appeal from city court of Birmingham; William W. Wilkerson, Judge.

Suit in equity by the Alabama National Bank against Charles Drennen. From a decree overruling a demurrer to the bill, defendant appeals. Affirmed.

The averments of the bill are sufficiently stated in the opinion. The defendant demurred to the bill upon the following grounds: "(1) That the complainant shows no right to exhibit said bill in its own name; (2) that the bill shows that complainant has a full, complete, and adequate remedy at law; (3) that the bill is for discovery and relief, and fails to state and show that the discovery sought is material and indispensable to the relief sought; (4) that the allegations of the bill upon which the right to discovery is predicated are not sufficiently definite, and are mere conclusions of the pleader; (5) that the bill fails to show and state that the facts as to which discovery is sought cannot be otherwise proved than by defendant's answer; (6) that the bill does not aver and show with sufficient certainty the existence and materiality of facts as to which discovery is sought, and fails to show that defendant is capable of making the discovery." Upon the submission of the cause upon this demurrer, the court rendered a decree overruling it. From this decree the defendant appeals, and assigns the rendition thereof as error.

Tillman & Campbell, for appellant.

Mountjoy & Tomlinson, for appellee.

COLEMAN J.

The bill was filed by appellee, a judgment creditor of appellant under sections 3544-3547, Code 1886. The appeal is prosecuted from the decree of the court overruling respondent's demurrer to the bill. After averring that complainant was the assignee of the judgment, the issue of execution, and return of "No property found," it charges that "said Charles Drennen has no visible means, subject to legal process, of value sufficient to pay said judgment, but that said Charles Drennen has property or interest in property real or personal, or money or effects or choses in action subject to the payment of said judgment; but the kind and description of the property, and how held, is kept concealed and hidden out, and is unknown to orator; and that a discovery by respondent is necessary, to enable your orator to reach and subject it to the satisfaction of his said demand," etc. The demurrer is...