Pearce v. Brilliant Coal Co.
Supreme Court of Alabama
Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Bill in equity .by Marvin Pearce, as executor, against the Brilliant Coal Company and others to reach corporate assets and subject them to judgment. Decree for respondents on demurrer, and complainant appeals.
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Appeal from Circuit Court, Marion County; C. P. Almon, Judge. Bill in equity .by Marvin Pearce, as executor, against the Brilliant Coal Company and others to reach corporate assets and subject them to judgment. Decree for respondents on demurrer, and complainant appeals. The following is the opinion of the chancellor or trial judge, directed to be set out: Upon consideration of this cause by the court it appears that the Aldrich Mining Company, a corporation, organized under the laws of the state of Alabama, was engaged in mining coal at Brilliant, Marion county, Ala., from January 1, 1900,…
1Opinion of the Court
MAYFIELD, J'.
Appellant filed this bill to. enforce the payment and satisfaction of a judgment which appellant’s testator had obtained against the Aldrich Mining Company, a corporation.
The appeilee corporation was formed under the laws of Alabama, by the consolidation or merger of the defendant in judgment corporation and other corporations; and by such consolidation it acquired the property of the merging corporations, and, in law, becamé liable for the debts and obligations of the merging corporations. The aim of the hill was to reach the assets of the defendant corporation which it acquired…
2Cases cited5 opinions
- Nelson v. HubbardSupreme Court of Alabama · 1892
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1915
- Pearce v. Aldrich Mining Co.Supreme Court of Alabama · 1913
- Birmingham Railway, Light & Power Co. v. CunninghamSupreme Court of Alabama · 1904
3Cited by8 opinions
- Moody v. State Ex Rel. PayneSupreme Court of Alabama · 1976
- United States Fidelity & Guaranty Co. v. First Nat. Bank of LincolnSupreme Court of Alabama · 1932
- Goodwyn v. Union Springs Guano Co.Supreme Court of Alabama · 1934
- 48th Street Fairfield Inv. v. Fairfield-Am. Nat. BankSupreme Court of Alabama · 1931
- Mathis v. HolmanSupreme Court of Alabama · 1920
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