Legal Opinion

Woodberry v. McClurg

Mississippi Supreme Court

Decided March 15, 1901PublishedCited by 7 opinions

From the circuit court, first district, of Hinds county. Hon. Robert Powell, Judge. The appellants, Woodberry and others, were plaintiffs in the court below; McClurg, attorney-general, the appellee, was defendant there. The facts are stated in the opinion.

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From the circuit court, first district, of Hinds county. Hon. Robert Powell, Judge. The appellants, Woodberry and others, were plaintiffs in the court below; McClurg, attorney-general, the appellee, was defendant there. The facts are stated in the opinion. The clause, sec. 5, ch. 88, laws 1900, “If such other corporation be engaged in the same kind of business and be a competitor therein,” applies to both of the clauses preceding it — that is to say, it applies as well to the clause against a corporation, acquiring the capital stock of other corporations, as to the clause against a…

1Opinion of the CourtTerral, J.

M. W. Woodberry and five other citizens of Jones county applied to the governor of the state of Mississippi for a charter of incorporation of the Laurel Gravel Company. The governor referred the proposed charter to the attorney-general for his opinion as to its legality. The attorney-general declined to make such certificate, whereupon this writ of mandamus was brought against him to test the legality of the proposed charter.

A statement of the proposed articles of incorporation will best present the question for consideration.

The articles are styled, £ £ Charter of incorporation of Laurel…

2Cited by7 opinions

  1. Jackson County v. NevilleMississippi Supreme Court · 1923
  2. Watts Mercantile Co. v. BuchananMississippi Supreme Court · 1908
  3. Southern Electric Securities Co. v. StateMississippi Supreme Court · 1907
  4. State v. Southern Pine Co.Mississippi Supreme Court · 1949
  5. Selig v. PriceMississippi Supreme Court · 1932

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