Legal Opinion

Minchener v. Carroll

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 15 opinions

Appeal from the Circuit Court of Pike. Tried before the I-Iou. John P. Htjbbaiid. The Alabama Mutual Fire Insurance Company was-incorporated under and by a special act. of the. Legislature of Alabama, approved'by the Governor on the 23d day of January, 1895, and was authorized to do a general fire insurance business.

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Appeal from the Circuit Court of Pike. Tried before the I-Iou. John P. Htjbbaiid. The Alabama Mutual Fire Insurance Company was-incorporated under and by a special act. of the. Legislature of Alabama, approved'by the Governor on the 23d day of January, 1895, and was authorized to do a general fire insurance business. Acts, 1894-95, p. 269. • The company was. authorized by its.. charter ■ to set .-aside one-eighth of all premiums and assessments received by it as a reserve fund to be invested in such bonds,-notes, mortgages, personal property-or real estate as the hoard of directors might…

1Opinion of the CourtTyson, J.

This is an application for a writ of mandamus against one Carroll as treasurer of the Alabama Mutual Fire Insurance Company, a corporation chartered under the laws of this State. The purpose of the writ is to compel the ireasurer to pay a judgment which the petitioner has against the corporation. It is made to appear by the averments of the petition, that the corporation is an insurance company and issued a policy of insurance, to the. petitioner upon which there was a loss. That petitioner recovered a judgment against it, upon which execution was issued and returned nulla bona. That he has…

2Cited by15 opinions

  1. Ex Parte JacksonSupreme Court of Alabama · 1925
  2. State ex rel. Troy v. SmithSupreme Court of Alabama · 1914
  3. Cloe v. State Ex Rel. HaleSupreme Court of Alabama · 1923
  4. Woodward Iron Co. v. DeanSupreme Court of Alabama · 1928
  5. Armstrong v. O'NealSupreme Court of Alabama · 1912

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