Fitts v. National Life Ass'n
Supreme Court of Alabama
Appeal from the City Court of 'Gadsden. Tried before the Hon. John H. Disque. ■ This action was 'commenced by the appellant by attachment sued out on July 22, 1899, against what was styled the “National Life Association of Hartford, Connecticut, a non-resident corporation.” On the same day the sheriff levied the attachment on certain lots in At-talla, Alabama, as 'being the property of the defendant corporation.
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Appeal from the City Court of 'Gadsden. Tried before the Hon. John H. Disque. ■ This action was 'commenced by the appellant by attachment sued out on July 22, 1899, against what was styled the “National Life Association of Hartford, Connecticut, a non-resident corporation.” On the same day the sheriff levied the attachment on certain lots in At-talla, Alabama, as 'being the property of the defendant corporation. On August 3, 1899, the plaintiff filed his complaint against the National Life Association of Hartford, Connecticut, claiming the sum of $1,250, based on a contract alleged to have…
1Opinion of the CourtSharpe, J.
Independent of statutory provisions, a corporation which ha© been finally disolved by judicial decree is no longer a legal entity and, therefore, cannot be made a party defendant to a suit.—Nelson v. Hubbard, 96 Ala. 238; Saltmarsh v. P. & M. Bank, 14 Ala. 668; s. c. 17 Ala. 766; First Nat. Bank of Selma v. Colby, 21 Wall. (U.S.) 609; Thornton v. Marginal, etc., R. Co., 123 Mass. 32; Combes v. Milwaukee, etc., R. Co., 27 L. R. A. (Wis.), 269; 2 Morawetz Priv. Corp., 1031.
The principle applies where the dissolved corporation was foreign to the state in which suit may be attempted. 5 Thom.…
2Cases cited7 opinions
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Thornton v. Marginal Freight Railway Co.Massachusetts Supreme Judicial Court · 1877
- Boulware v. DavisSupreme Court of Alabama · 1890
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
- City Insurance v. Commercial BankIllinois Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- Olds v. City Trust, Safe Deposit & Surety Co.Massachusetts Supreme Judicial Court · 1904
- George D. Witt Shoe Co. v. MillsSupreme Court of Alabama · 1932
- Greb v. Diamond International Corp.California Supreme Court · 2013
- Ex Parte DavisSupreme Court of Alabama · 1935
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