Beard v. Union & American Publishing Co.
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Tried before Hon. Le Roy F. Box. This action was commenced on 27th March, 1879; was brought by the Union and American Publishing Company, a body corporate created and existing under the laws of the State of Tennessee, the appellee, against James P. Beard and others, the appellants, and was founded on a bond executed by them, by which they covenanted and agreed “ to pay to the proprietors of the American, a newspaper published in the city…
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Appeal from Marshall Circuit Court. Tried before Hon. Le Roy F. Box. This action was commenced on 27th March, 1879; was brought by the Union and American Publishing Company, a body corporate created and existing under the laws of the State of Tennessee, the appellee, against James P. Beard and others, the appellants, and was founded on a bond executed by them, by which they covenanted and agreed “ to pay to the proprietors of the American, a newspaper published in the city of Nashville, Tennessee, all damages which they may sustain by the default, dereliction or failure of J. L. Burke as a…
1Opinion of the CourtStone, J.
Section 4, Article 14, of the constitution has no bearing on the question raised in this case. Receiving subscriptions to a newspaper, or collecting the money therefor, although the paper is published in another State, and by a corporation, is not doing “business” in this State, within that section of the constitution. There must be a doing of some of the works, or an exercise of some of the functions, for which the corporation was created, to bring the case within that clause. A railroad, bank, or insurance company, of foreign incorporation, performing its corporate functions within the…
2Cases cited2 opinions
- Bowen v. SnellSupreme Court of Alabama · 1846
- Bowen v. SnellSupreme Court of Alabama · 1847
3Cited by68 opinions
- Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- S. R. Smythe Co. v. Ft. Worth Glass & Sand Co.Texas Supreme Court · 1912
- S. R. Smythe Co. v. Ft. Worth Glass & Sand Co.Texas Supreme Court · 1912
- J. R. Watkins Co. v. GoggansSupreme Court of Alabama · 1941
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