Ex Parte Fries
Supreme Court of Alabama
Certiorari to Court of Appeals. • Petition of Mrs. Richard H. Fries for cer-tiorari to the Court of Appeals to review and revise the judgment of said court rendered on the appeal of Mrs. Richard H'. Fries v. Acme White Lead and Color Works, 18 Ala.
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Certiorari to Court of Appeals. • Petition of Mrs. Richard H. Fries for cer-tiorari to the Court of Appeals to review and revise the judgment of said court rendered on the appeal of Mrs. Richard H'. Fries v. Acme White Lead and Color Works, 18 Ala. App. 267, 92 South. 34. The plea was a good plea of nul tiel corporation, and the court erred in sustaining the demurrers thereto. 88 Ala. 273, 6 South. 909; 201 Ala. 271, 78 South. 47; 95 Ala. 251, 10 South. 521; 10 Cyc. 1356; 3 Cook on Corporations, 753; 14 C. J. 829, and note. The plea must be held to speak from the time of the commencement of…
1Opinion of the Court
McOLELLAN, j.
The plaintiff, “Acme White Lead & Color Works, a corporation,” stated its case in common counts. The defendant, present petitioner, interposed among other verified pleas these:
“(1) This defendant denies that plaintiff is a corporation. (2) This defendant denies that the plaintiff is legally authorized under the laws of this state to maintain this _suit.”
The opinion of the Court of Appeals, affirming the trial court’s action in sustaining demurrers to these pleas, is reported in 92 South. 34. 1 in both the cases of Johnson v. Hanover Nat. Bank, 88 Ala. 271, 6 South. 909, and…
2Cases cited6 opinions
- Johnson v. Hanover National BankSupreme Court of Alabama · 1889
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
- Hurst v. Fitz Water Wheel Co.Supreme Court of Alabama · 1916
- Northumberland County Bank v. EyerSupreme Court of Pennsylvania · 1869
- Empire Clothing Co. v. Roberts, Johnson & Rand Shoe Co.Alabama Court of Appeals · 1917
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3Cited by1 opinion
- Franklin Life Ins. Co. v. WardSupreme Court of Alabama · 1939