Tuscaloosa Scientific & Art Ass'n v. State ex rel. Murphy
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. H. T. Toulhin. This was an information filed by the State in the relation of A. 0. Murphy against the Tuscaloosa Scientific and Art Association, for the purpose of having their charter declared forfeited for misuser.
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Appeal from Circuit Court of Mobile. Tried before Hon. H. T. Toulhin. This was an information filed by the State in the relation of A. 0. Murphy against the Tuscaloosa Scientific and Art Association, for the purpose of having their charter declared forfeited for misuser. The information alleged that the Association was formed for the purpose of distributing articles of art and science, and that by its charter it was authorized and empowered to receive subscriptions and to sell and dispose of certificates of subscription which shall entitle the holder thereof to any articles which may be…
1Opinion of the CourtStone, J.
The rulings of the Circuit Court on the demurrer filed to the information are shown only in the bill of exceptions. Our uniform holding is that such question, thus presented, will not be considered. — Petty v. Dill, 53 Ala. 641.
A corporation is a franchise. Its privileges are conferred by the sovereignty; and hence, it is defined to be “a branch of the king’s (or governmental) prerogative, subsisting in the hands of a subject,” or citizen. — 2 Blackst. Com. 37 ; 3 Kent Com. 458; The State v. Moore & Ligon, 19 Ala. 514. The power to create private corporations, and to confer on them privileges…
2Cases cited3 opinions
- Petty v. DillSupreme Court of Alabama · 1875
- State v. MooreSupreme Court of Alabama · 1851
- Marks v. StateSupreme Court of Alabama · 1871
3Cited by9 opinions
- Cosby v. MooreSupreme Court of Alabama · 1953
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- Ex Parte HartwellSupreme Court of Alabama · 1939
- State Ex Rel. Martin v. City of GadsdenSupreme Court of Alabama · 1927
- Capital City Water Co. v. State ex rel. MacdonaldSupreme Court of Alabama · 1894
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