Savage v. Russell & Co.
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried "before'Hon. L. F. Box. Appellee, and plaintiff, as proof that it was a corporation under tbe laws of Obio, introduced in evidence certified papers and proceedings of incorporation, but did not introduce any evidence of the laws of Ohio authorizing such proceedings and declaring that they would constitute it a corporate body.
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Appeal from Calhoun Circuit Court. Tried "before'Hon. L. F. Box. Appellee, and plaintiff, as proof that it was a corporation under tbe laws of Obio, introduced in evidence certified papers and proceedings of incorporation, but did not introduce any evidence of the laws of Ohio authorizing such proceedings and declaring that they would constitute it a corporate body. All other matters sufficiently appear in the opinion. 1. The verdict of the jury was clearly erroneous in not assessing the value of the saw-mill and engine separately, when the evidence shows this could have been done. — Jones v.…
1Opinion of the CourtStone, C. J.
The present suit is prosecuted in the name of Russell & Co., claiming to be a corporation under the laws of Ohio. Corporate power is not a natural right. It is a franchise, to be conferred by the law-making power. It may be granted by direct legislative enactment, or, it may be done under a general legislative system authorizing it. If the former course be pursued, the law not only defines the powers conferred, but it creates the corporation. . Under that system, the legislature itself does every act'necessary to the, creation of the artificial being, except that the corporators must provide…
2Cases cited8 opinions
- Silver Lake Bank v. NorthNew York Court of Chancery · 1820
- Jones v. AndersonSupreme Court of Alabama · 1886
- Townsend v. BrooksSupreme Court of Alabama · 1884
- Jones v. PullenSupreme Court of Alabama · 1880
- McCreary v. StateSupreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Johnson v. Hanover National BankSupreme Court of Alabama · 1889
- Milwaukee Gold Extraction Co. v. GordonMontana Supreme Court · 1908
- Ashurst v. Arnold-Henegar-Doyle Co.Supreme Court of Alabama · 1918
- Person v. ThorntonSupreme Court of Alabama · 1888
5 more not listed; retrieve them via the Exa API.