Paschall v. Whitsett
Supreme Court of Alabama
Writ of Error from the Circuit Court of Sumter. The plaintiff in error having recovered a judgment against the Gainesville and Narkeetah Rail Road Company, a corporation, made the affidavit required by the statute, and caused the defendant to be summoned as a garnishee.
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Writ of Error from the Circuit Court of Sumter. The plaintiff in error having recovered a judgment against the Gainesville and Narkeetah Rail Road Company, a corporation, made the affidavit required by the statute, and caused the defendant to be summoned as a garnishee. To the garnishment the defendant answered, denying an indebtedness to the corporation, or that he had any of its effects in his hands, and that he had no knowledge or belief of any one else who had any of its effects or was indebted to it. In answer to interrogatories, garnishee answered that in July, 1836, he subscribed for…
1Opinion of the CourtCollier, C. J.
The act of January, 1836, “ to incorporate the Gainesville and Narkeetah Rail Road Company,” directed the commissioners designated therein to open books of subscription for stock, &c.' and among other powers conferred upon the president and directors, authorized them to “require such instalments to be paid upon the stock, and at such times as they may [might] think best for the interests the said company.” Further, if any stockholder failed to pay the amount due upon his stock in pursuance of such call, the president and directors were authorized to sell his shares or such part thereof as…
2Cases cited3 opinions
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- Bingham v. RushingSupreme Court of Alabama · 1843
- Cooper v. FrederickSupreme Court of Alabama · 1846
3Cited by23 opinions
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Elyton Land Co. v. Birmingham Warehouse & Elevator Co.Supreme Court of Alabama · 1890
- Farmers Loan & Trust Co. v. FunkNebraska Supreme Court · 1896
- Mobile & Ohio Railroad v. StateSupreme Court of Alabama · 1857
- Coosa River Steamboat Co. v. BarclaySupreme Court of Alabama · 1857
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