Legal Opinion

People's Auto Co. v. Manufacturers' Finance Acceptance Corp.

Supreme Court of Alabama

Decided March 23, 1933No. 3 Div. 30PublishedCited by 1 opinion

1Opinion of the Court

FOSTER, Justice.

Upon bill filed by appellee, the court appointed a receiver for a domestic corporation, appellant, without notice to it, and without a hearing at which it was represented. The appeal is from that decree.

The bill makes no allegation of insolvency as a fact of the corporation. It only alleges in that connection that the president of the company -has admitted its insolvency, at some indefinite time, not stated. Its solvency may have been re-established since then and be perfectly solvent now, so far as the bill shows. Such a hill should not be content merely to allege the…

2Cases cited16 opinions

  1. O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
  2. Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
  3. Briarfield Iron Works Co. v. FosterSupreme Court of Alabama · 1875
  4. Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
  5. Howze v. HarrisonSupreme Court of Alabama · 1910

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

3Cited by1 opinion

  1. First Nat. Bank of Birmingham v. HuddlestonSupreme Court of Alabama · 1942

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