Legal Opinion

City Council v. National Building & Loan Ass'n

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 38 opinions

Appeal from Montgomery Circuit Court. Tried before Hon. ,T. R. Tyson. This suit, was brought by the appellant against (ho appellee, and sought, to recover a penalty for the carrying on by the defendant in the city of Montgomery of a building and loan business.

Read the full summary

Appeal from Montgomery Circuit Court. Tried before Hon. ,T. R. Tyson. This suit, was brought by the appellant against (ho appellee, and sought, to recover a penalty for the carrying on by the defendant in the city of Montgomery of a building and loan business. The defendant, in its plea, set up an act of the legislature, regulating building and loan associations, (Acts § 1892-93 p. 665) alleging that it did business throughout the state, and had paid the license therein required. By demurrer, the plaintiff attacked the constitutionality of that act, on the grounds noted in the opinion, and…

1Opinion of the CourtMcCLELLAN, J.

The General Assembly at its session of 1892-3 passed an act haying the following title : “An act, to regulate the business of building and loan associations in this State ; to prohibit such associations from hypothecating and transferring their securities, unless such privilege be granted by the General Assembly ; to require associations organized in other States and Territories to deposit securities with the State treasurer intrust for their members and creditors, and prescribing how such securities shall be withdrawn, and requiring' such association to pay a license of two hundred dollars…

2Cases cited7 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Ex parte CowertSupreme Court of Alabama · 1890
  3. Gaston v. MerriamSupreme Court of Minnesota · 1885
  4. Iverson v. StateSupreme Court of Alabama · 1875
  5. State ex rel. Perry v. ClarkSupreme Court of Missouri · 1873

2 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. City of Birmingham v. Southern Express Co.Supreme Court of Alabama · 1909
  2. State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
  3. Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
  4. Miller v. State Ex Rel. PeekSupreme Court of Alabama · 1947
  5. Harris v. State Ex Rel. WilliamsSupreme Court of Alabama · 1933

33 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API