State ex rel. Scott v. United States Endowment & Trust Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston. Heard before the Hon. Ti-ios. W. Coleman, Jr. The proceedings in this case were in the nature of quo warranto, and were instituted by the State upon the information of Thomas K. Scott, filing his petition addressed to the judge of the city court of Anniston against the United States Endowment & Trust Company, for the purpose of having the charter of said corporation, which was granted by a special act of the Legislature, declared…
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Appeal from the City Court of Anniston. Heard before the Hon. Ti-ios. W. Coleman, Jr. The proceedings in this case were in the nature of quo warranto, and were instituted by the State upon the information of Thomas K. Scott, filing his petition addressed to the judge of the city court of Anniston against the United States Endowment & Trust Company, for the purpose of having the charter of said corporation, which was granted by a special act of the Legislature, declared forfeited and annulled. The relator in the cause is described as a resident citizen of the State of Georgia, and it is not…
1Opinion of the CourtTyson, J.
We do not think the motion to dismiss the appeal should prevail. The appellant gave the required security for costs which was approved by the *617clerk within the time prescribed by the statute within which the appeal must be taken. — § 3437 of the Code.
Nor do we think that the application for appeal need have been in writing; nor did the conduct of appellant’s attorney in directing the clerk of the lower court to withdraw the citation of appeal from the hands of the sheriff and the withholding of it until after expiration of the time for the appeal to be taken operate as an abandonment of it…
2Cases cited6 opinions
- State ex rel. Hahn v. Minnesota Central Railway Co.Supreme Court of Minnesota · 1886
- Capital City Water Co. v. State ex rel. MacdonaldSupreme Court of Alabama · 1894
- State ex rel. Johnson v. Southern Building & Loan Ass'nSupreme Court of Alabama · 1902
- Tuscaloosa Scientific & Art Ass'n v. State ex rel. MurphySupreme Court of Alabama · 1877
- State ex rel. Howard v. Crawfordsville & Shannondale Turnpike Co.Indiana Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State ex rel. Roberson v. Town of Pell CitySupreme Court of Alabama · 1908
- State ex rel. Fuller v. HargroveSupreme Court of Alabama · 1965
- Voorhies v. WalkerMichigan Supreme Court · 1924