Grubbs v. Vicksburg & Brunswick Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. 3. McCaleb Wiley. This was a summary proceeding by the appellee, a corporation chartered under the laws of this State, by notice and motion, for a judgment against the appellant, as a defaulting subscriber to the capital stock of said corporation. The notice was signed by the treasurer of the corpox'ation, axxd was executed by the sheriff.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. 3. McCaleb Wiley. This was a summary proceeding by the appellee, a corporation chartered under the laws of this State, by notice and motion, for a judgment against the appellant, as a defaulting subscriber to the capital stock of said corporation. The notice was signed by the treasurer of the corpox'ation, axxd was executed by the sheriff. The assignments of error in this court relate to the rulings of the court below as to the admissibility of evidence, and the charges to the jury as to the effect of this evidence; but the…
1Opinion of the Court
PETERS, O. J.
This is a suit instituted by a railroad company, against a subscriber of stock, to enforce the payment of an instalment on the share of such stockholder’s subscription, which had been called for by the president and directors of said company, and the stockholder had failed to pay it. There was a defence upon the pleas of the general issue and failure of consideration, on the trial in the court below; and a bill of exceptions was taken by the defendant Grubbs, to the action of the court on the admission of certain testimony offered by the plaintiff, and to the charge of the court,…
2Cited by1 opinion
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