Floyd v. State ex rel. Baker
Supreme Court of Alabama
Appeal from Pickens Circuit Court. Heard before Hon. Bernard Harwood. Quo warranto by the state on the relation of Mrs. Sallie D. Baker against S. H. Floyd, and others. Judgment granting the writ and respondents appeal. Counsel discuss the pleadings, but in view of the opinion it is not deemed necessary to set them out.
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Appeal from Pickens Circuit Court. Heard before Hon. Bernard Harwood. Quo warranto by the state on the relation of Mrs. Sallie D. Baker against S. H. Floyd, and others. Judgment granting the writ and respondents appeal. Counsel discuss the pleadings, but in view of the opinion it is not deemed necessary to set them out. In the organization of corporations, the law need not be strictly complied with, and if the incorporators are satisfied, the state cannot complain if only 20% is paid in. — Sec. 3447, 3467, Code 1907; Bolling v. Lagrange, 87 Ala. 482; Planters Go. v. Webb, 144 Ala. 666; Sparks…
1Opinion of the CourtMayfield, J.
This is a statutory quo warranto proceeding under chapter 128, §§ 5450-5472, of the Code, to “vacate the charter or annul the existence” of a private corporation, the Dancy Beal Estate & Development Company. The announced purpose of the incorporation was the development of the town or village of Dancy, in Pickens county, Ala., and the buying and selling of real estate, etc. The relator, Mrs. Baker, and her husband, owned a great deal of land in and near the village of Dancy. The appellant Floyd was a business man of Birmingham, Ala., and one who had had some experience in promoting…
2Cases cited12 opinions
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Burke v. SmithSupreme Court of the United States · 1873
- Peoria & Springfield Railroad v. ThompsonIllinois Supreme Court · 1882
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Central Agricultural & Mechanical Ass'n v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1881
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3Cited by15 opinions
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Bailes v. Colonial Press, Inc.Court of Appeals for the Fifth Circuit · 1971
- Kosman v. ThompsonSupreme Court of Iowa · 1927
- Ex Parte Sierra ClubSupreme Court of Alabama · 1995
- General Beverages, Inc., a Corporation v. K. A. Rogers, Being One and the Same Person as Kenneth A. RogersCourt of Appeals for the Tenth Circuit · 1954
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