Empire Clothing Co. v. Roberts, Johnson & Rand Shoe Co.
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; J. E Blackwood, Judge. Assumpsit by Roberts, Johnson & Rand Shoe Company against the Empire Clothing Company. Judgment for plaintiff, and defendant appeals. The pleas alluded to are as follows: (2) Defendant says that plaintiff is a foreign corporation, and is not qualified to do business in the state of Alabama.
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Appeal from Circuit Court, Jefferson County; J. E Blackwood, Judge. Assumpsit by Roberts, Johnson & Rand Shoe Company against the Empire Clothing Company. Judgment for plaintiff, and defendant appeals. The pleas alluded to are as follows: (2) Defendant says that plaintiff is a foreign corporation, and is not qualified to do business in the state of Alabama. (3) Defendant says that plaintiff is a foreign .corporation, and is doing business in the state of Alabama contrary to law, not having qualified to do business in said state, and that for this reason the contract or count sued on is void.
1Opinion of the Court
BROWN, B. J.
[1] This is an action on the common counts for goods, wares, and merchandise sold by the plaintiff to the defendant, and was commenced on the 9th day of September, 1913. On the 7th day of October the defendant filed pleas; the two special pleas averring that the plaintiff is a foreign corporation, and that it had not qualified to do business in Alabama. On the 26th day of January, 1916, the day of the trial, the defendant filed a motion to dismiss the plaintiff’s suit on the ground that it was a nonresident of the state and had not given security for the costs. Tlíé motion was…
2Cases cited9 opinions
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Britton v. StateAlabama Court of Appeals · 1917
- First National Bank v. CheneySupreme Court of Alabama · 1897
- Elyton Land Co. v. Morgan & Co.Supreme Court of Alabama · 1889
- Brown v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1895
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3Cited by4 opinions
- Mergenthaler Linotype Co. v. Spokesman Publishing Co.Oregon Supreme Court · 1928
- Fries v. Acme White Lead & Color WorksAlabama Court of Appeals · 1921
- Ex Parte FriesSupreme Court of Alabama · 1921
- Ex Parte Empire Clothing Co.Supreme Court of Alabama · 1917