Beene v. Cahawba & Marion Rail Raod
Supreme Court of Alabama
Writ of error to the County Court of Dallas county. THE capias describes the plaintiffs by the name of the Ca-hawba, Marion and Greensborough Rail Road Company, but they declare as “The Cahawba and; Marion Rail Road Company, at whose suit, by the name of the Cahawba, Marion and Greensborough Rail Road Company, the defendant was served with process; and who sue for the Use of Julius Snead, by attorney, &C.” ' ' : The first count of the declaration states the incorporation of…
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Writ of error to the County Court of Dallas county. THE capias describes the plaintiffs by the name of the Ca-hawba, Marion and Greensborough Rail Road Company, but they declare as “The Cahawba and; Marion Rail Road Company, at whose suit, by the name of the Cahawba, Marion and Greensborough Rail Road Company, the defendant was served with process; and who sue for the Use of Julius Snead, by attorney, &C.” ' ' : The first count of the declaration states the incorporation of the plaintiffs by an act of the Legislature of this State on the 15th day of January, 1834, and then proceeds to allege…
1Opinion of the CourtGoldthwaite, J.
1. The principal question presented in this case, is one of importance, from the connexion which many individuals have, or have had, with various plans of internal improvement, and other objects of enterprise, through the medium of private acts of incorporations, granted by authority from this State. It requires us to determine whether this corporation can compel payment from the defendant for certain shares said to have been subscribed by him in its stock.
It is apparent, that an examination of the act of incorporation, to some extent, is necessary for the proper answer to this question.
The…
2Cases cited7 opinions
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- President of the Goshen & Minisink Turnpike Road v. HurtinNew York Supreme Court · 1812
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1839
- Worcester Turnpike Corp. v. WillardMassachusetts Supreme Judicial Court · 1809
- Findlay v. PruittSupreme Court of Alabama · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hightower v. ThorntonSupreme Court of Georgia · 1850
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
- Rensselaer & Washington Plank Road Co. v. WetselNew York Supreme Court · 1855
- Wheeles v. New York Steam Dye WorksSupreme Court of Alabama · 1900
- New Hampshire Central Railroad v. JohnsonSuperior Court of New Hampshire · 1855
2 more not listed; retrieve them via the Exa API.