Kelly v. Trustees of Alabama & Cincinnati R. R.
Supreme Court of Alabama
Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham:. Bill was filed by appellees, William H. Barnes and Henry Clews, as trustees of the East Alabama & Cincinnati Railroad Company, against appellants, Richard H. Kelly and others, praying tbe appointment of a receiver to take possession of the railroad property, and manage tbe same, and seeking a foreclosure of a deed of trust, tbe execution of which will appear from the averments of the bill.
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Appeal from the Chancery Court of Lee. Heard before the Hon. N. S. Graham:. Bill was filed by appellees, William H. Barnes and Henry Clews, as trustees of the East Alabama & Cincinnati Railroad Company, against appellants, Richard H. Kelly and others, praying tbe appointment of a receiver to take possession of the railroad property, and manage tbe same, and seeking a foreclosure of a deed of trust, tbe execution of which will appear from the averments of the bill. The bill alleges, 1st, that the said company, “a corporation created and existing under and by virtue of tbe laws of the State of…
1Opinion of the CourtBrickell, C. J.
1. The bill does not aver the manner or the time of the creation of the East Alabama and Cincinnati Railroad Company, as a body corporate; nor is it shown whether it derived existence and authority' from a special act of incorporation, prior to the constitution of 1868, or whether it was formed under the general laws of the State. Nor is there any averment of its specific corporate powers. The averment is general, that on the first day of July, 1870, when the bonds were issued, and the deed of trust for their security executed, it was a body corporate, existing under the laws of the State,…
2Cases cited3 opinions
- Hagan v. WalkerSupreme Court of the United States · 1852
- Meyer v. Johnston & StewartSupreme Court of Alabama · 1875
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
3Cited by10 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Savannah & Memphis Rail Road v. LancasterSupreme Court of Alabama · 1878
- Bon Aqua Imp't Co. v. Standard Fire Ins.West Virginia Supreme Court · 1891
- Electric Lighting Co. v. RustSupreme Court of Alabama · 1897
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