J. I. Case Threshing MacH. Co. v. McGuire
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Action by Charles W. McGuire against the J. I. Case Threshing Machine Company for the penalty for a failure to satisfy a record of a mortgage. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Action by Charles W. McGuire against the J. I. Case Threshing Machine Company for the penalty for a failure to satisfy a record of a mortgage. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. The complaint is in two counts, setting up the several breaches of the statutory duty with respect to each of two distinct mortgages, and is brought under section 4898, Code 1907. Pleas in abatement were interposed alleging that defendant is a foreign corporation, and was not…
1Opinion of the CourtSomerville, J.
[1] In Lewis v. International Ins. Co.. 73 South. 629, 1 we held. that a foreign insurance corporation not then doing business in the state could be sued in Montgomery county, where process had been served on the insurance commissioner, its agent for that purpose designated obediently to the statute, the commissioner being a resident in that county.
The necessary effect of that holding was to affirm that section 232 of the Constitution was permissive, and not restrictive, in its provision that:
“Such corporation [i. e., a foreign corporation with a known place of business and an authorized…
2Cases cited7 opinions
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- Scott v. FieldSupreme Court of Alabama · 1883
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
- Lewis v. International InsuranceSupreme Court of Alabama · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- General Motors Acceptance Corp. v. Home Loan & Finance Co.Supreme Court of Alabama · 1928
- May v. StricklandSupreme Court of Alabama · 1938
- Pepperell Manufacturing Co. v. Alabama National BankSupreme Court of Alabama · 1954
- Butler Cotton Oil Co. v. BrooksSupreme Court of Alabama · 1920
- Cowikee Mills v. Georgia-Alabama Power Co.Supreme Court of Alabama · 1927
6 more not listed; retrieve them via the Exa API.