Montgomery & Wetumpka Plank-Road Co. v. Webb
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before tlie Hon. Nat. Cook. This was a trial of the right of property in several yokes of oxen, a large quantity of lumber, and other articles of personal property, on which an attachment had been levied at the suit of Fortunatus S. Webb against Church & Skinner, and a claim interposed under the statute by the appellant.
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Appeal from the Circuit Court of Coosa. Tried before tlie Hon. Nat. Cook. This was a trial of the right of property in several yokes of oxen, a large quantity of lumber, and other articles of personal property, on which an attachment had been levied at the suit of Fortunatus S. Webb against Church & Skinner, and a claim interposed under the statute by the appellant. When the cause came on for trial, and after the plaintiff had announced himself ready, the claimant applied for a continuance on account of the absence of a material witness, and in support of the application submitted the…
1Opinion of the CourtRice, J.
The members, or stockholders, in a corporation *620created for private emolument, are not admissible as witnesses for the corporation. — 1 Greenl. Ev. § 333.. The 5th section of the charter of appellant provides, that the directors “shall'be owners of stock.” — Pamph. Acts of 1849-50, p. 244, § 5. The proof, then, that Joseph S. Winter was a director of appellant in the spring of 1850, unexplained and unconiradicted by any other evidence,, was proof that he was a stockholder.
If this proof had been made by the testimony of Joseph S. Winter'himself, then the other part of his testimony, showing…
2Cases cited2 opinions
- Garner v. GreenSupreme Court of Alabama · 1845
- Herndon v. Givens' Adm'rSupreme Court of Alabama · 1851
3Cited by13 opinions
- McCollum v. Birmingham Post Co.Supreme Court of Alabama · 1953
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Homewood Dairy Products Co. v. RobinsonSupreme Court of Alabama · 1950
- Clements v. HaysSupreme Court of Alabama · 1884
- Saffold v. Wade'sSupreme Court of Alabama · 1874
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