Ensley Development Co. v. Powell
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. This was a bill filed by Charles B. Powell as the administrator of a stockholder against the Ensley Development Company et. al. for an injunction to restrain certain corporate acts and for a receiver. From a decree appointing a receiver respondents appeal. The facts are. sufficiently stated in the opinion.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. This was a bill filed by Charles B. Powell as the administrator of a stockholder against the Ensley Development Company et. al. for an injunction to restrain certain corporate acts and for a receiver. From a decree appointing a receiver respondents appeal. The facts are. sufficiently stated in the opinion. There was an entire want of authority on the part of the judge of the tenth judicial circuit to appoint a receiver. The appointment was made not by the circuit court of Jefferson county but by the Honorable A. A. Coleman,…
1Opinion of the CourtSimpson, J.
This was a. hill filed by a stockholder for injunction and receivership, as to a corporation. The injunction was granted and receiver appointed by the judge of the circuit court of Jefferson county.
It is contended in the first place, by appellant, that Acts 1894-95, p. 881, by which chancery jurisdiction was conferred on the circuit court.of Jefferson county, is unconstitutional. In determining whether or not an act is violative of our State constitution, there are certain principles which have been so clearly enunciated by the courts as to become axiomatic. The .first and cardinal rule is…
2Cases cited11 opinions
- Lytle v. HalffCourt of Appeals of Texas · 1889
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- Livingston v. StorySupreme Court of the United States · 1835
- Nugent v. StateSupreme Court of Alabama · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Henry v. IdeSupreme Court of Alabama · 1923
- In Re Opinions of the JusticesSupreme Court of Alabama · 1927
- Martin Oil Co., Inc. v. ClokeySupreme Court of Alabama · 1973