Ex parte Branch, Sons & Co.
Supreme Court of Alabama
Petition for mandamus to compel the chancellor to allow Branch, Sons & Co., to be made defendants to tbe suit of Morris & Lowery, trustees, v. The Western Railroad Company of Alabama.
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Petition for mandamus to compel the chancellor to allow Branch, Sons & Co., to be made defendants to tbe suit of Morris & Lowery, trustees, v. The Western Railroad Company of Alabama. This petition showed in substance that the Western Railroad company of Alabama was chartered by an act of the legislature of Alabama, approved February 23, 1860. Two sections of this charter were as follows: “Sec. 21. Be it further enacted, That said company may by its president and directors, by, and with the consent of a majority of the stockholders in value, contract for the purchase of the Montgomery and…
1Opinion of the CourtManning, J.
The cause of Morris and Lowery, trustees, &c. vs. the Western Eailroad Co., and others lately decided in the chancery court of Montgomery county, to which petitioners pray this court will by mandamus compel the chancellor to make them parties defendant, is one of peculiar and uncommon features and of great importance. We do not, however, on this motion, have occasion to comment on them.
The final decree was rendered on the 18th of December, 1874, and ordered an inquiry and report to be made by the register, as master, of the amount of the two series of mortgage bonds, first and second, issued…
2Cases cited3 opinions
- Colton v. RossNew York Court of Chancery · 1831
- Watson v. MaySupreme Court of Alabama · 1845
- Graham v. CookSupreme Court of Alabama · 1872
3Cited by2 opinions
- Ex parte PrintupSupreme Court of Alabama · 1888
- Ex parte BrownSupreme Court of Alabama · 1877