Legal Opinion

Capital City Water Co. v. Weatherly

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 3 opinions

Appeal from Montgomery City Court. Heard before Hon. T. M. Arrington. The facts of this case are sufficiently shown in the opinion. . Eyen though the appellant had been guilty of a contempt, it can question the authority of the court to make the appointment of receivers. 1 Dan. Chy. Sec. 505 ; Wilson v. Bates, 3 M. & C. 197 ; Ghatterton v. Thomas, 36 L. J. Ch. 592 ; Fry v. Earnest, 12 W. R. 97 ; Hazard v. Durant, 11 R. I. 195 ; A. & K-. R. R. Go. v. A.R.

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Appeal from Montgomery City Court. Heard before Hon. T. M. Arrington. The facts of this case are sufficiently shown in the opinion. . Eyen though the appellant had been guilty of a contempt, it can question the authority of the court to make the appointment of receivers. 1 Dan. Chy. Sec. 505 ; Wilson v. Bates, 3 M. & C. 197 ; Ghatterton v. Thomas, 36 L. J. Ch. 592 ; Fry v. Earnest, 12 W. R. 97 ; Hazard v. Durant, 11 R. I. 195 ; A. & K-. R. R. Go. v. A.R. R. Go., 49 Me. 398. The action of the appellant in the Federal Court-, seeking a receiver there, ' was an attempt to oust the jurisdiction…

1Opinion of the CourtColeman, J.

By proceedings in the nature of a quo warranto', the court having jurisdiction thereof., rendered a judgment vacating the charter, and annulling-the' corporate existence of the Capital City Water Company, the appellant. Immediately thereafter George Weath-erly, the. appellee, filed, the present bill,- and,’applied for the appointment of. a receiver, to bake-charge of..- alj-' the assets of the dissolved corporation, and. for the-firhe'beihg to continue the business of the' corporation.. Notice, was given of the application for the appointment of a receiver *414and on the 21st of December 1894 the…

2Cited by3 opinions

  1. David v. Levy & SonsSupreme Court of Alabama · 1898
  2. Dreyspring v. LoebSupreme Court of Alabama · 1896
  3. Engle v. BronaughSupreme Court of Alabama · 1923

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