Legal Opinion

Semple v. Glenn

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 45 opinions

Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by John Glenn, suing as trustee under appointment by the Chancery Court of Richmond, Virginia, against Henry C. Semple, as a stockholder in the Nation Express & Transportation Company, a corporation chartered under the law's of Virginia, in December, 1865 ; was coinmenced on the 19th November, 1886, and sought to enforce the payment of fifty per cent, of defendant’s…

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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by John Glenn, suing as trustee under appointment by the Chancery Court of Richmond, Virginia, against Henry C. Semple, as a stockholder in the Nation Express & Transportation Company, a corporation chartered under the law's of Virginia, in December, 1865 ; was coinmenced on the 19th November, 1886, and sought to enforce the payment of fifty per cent, of defendant’s alleged subscription to the capital stock of said company, as assessed and called for by a decree of said court rendered…

1Opinion of the CourtSomerville, J.

The principles settled in the case of Lehman, Durr & Co. v. Glenn, at the present term (87 Ala. 618), and in Glenn v. Semple, 80 Ala. 159; s. c., 60 Amer. Rep, 92, require an affirmance of the judgment in this case.

The only difference which distinguishes the case at bar from that of Lehman, Durr & Co. v. Glenn, supra, is, that here there has been no recognition by the appellant of his liability *253as subscriber for stock in the corporation represented by the plaintiff, from the time it was made in 1866 up to the time of bringing this suit in 1886, which is more than twenty years. It is insisted…

2Cases cited29 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Thompson v. WhitmanSupreme Court of the United States · 1874
  3. Sanger v. UptonSupreme Court of the United States · 1875
  4. Hawkins v. GlennSupreme Court of the United States · 1889
  5. D'Arcy v. KetchumSupreme Court of the United States · 1851

24 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Boshell v. KeithSupreme Court of Alabama · 1982
  2. Wilkerson v. WilkersonSupreme Court of Alabama · 1935
  3. Snodgrass v. SnodgrassSupreme Court of Alabama · 1912
  4. Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
  5. Oxford v. EstesSupreme Court of Alabama · 1934

40 more not listed; retrieve them via the Exa API.

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