George D. Witt Shoe Co. v. Mills

Appellant insists that the judgment rendered is void and the motion to vacate it should have been granted, and much of the argument is addressed to this question. The contention is rested upon the assumption that the proof offered on the motion established the fact that the defendant corporation had prior to the suit been dissolved and no longer a legal entity, subject to suit. Fitts v. Nat. Life Ass’n, 130 Ala. 413, 30 So. 374; Nelson v. Hubbard, 96 Ala. 238, 11 So. 428. 17 L. R. A. 375; Mumma-Potomac Co., 8 Pet. 281, 8 L. Ed. 945; First Nat. Bank of Selma v. Colby, 21 Wall. 615, 22 L. Ed.…