State ex rel. Perkins v. Montgomery Light Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This was a quo warranto proceeding upon the information of B. F. Perkins against The Montgomery Light Comxiany; and sought to vacate and annul the charter of the said Montgomery Light Company, for, as was alleged in the information, offending against the laws of its creation, and.exercising powers and franchises not conferred upon it.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This was a quo warranto proceeding upon the information of B. F. Perkins against The Montgomery Light Comxiany; and sought to vacate and annul the charter of the said Montgomery Light Company, for, as was alleged in the information, offending against the laws of its creation, and.exercising powers and franchises not conferred upon it. The information alleged that the relator, Perkins, was a resident citizen of Jefferson county, in the State of Alabama; that The Montgomery Gas Light Company was incorporated by…
1Opinion of the CourtHead, J.
This is a proceeding in the nature of quo warranto, to vacate the charter of the respondent corporation, under sections 3167 et seq. of the Code of 1886. It has its basis mainly in subdivision 5 of section 3167, which authorizes judgment of forfeiture when a corporation “ exercises a franchise or privilege not conferred on it bylaw.” The statute prescribes two methods of procedure to enforce these forfeitures. One is that the j udge of the circuit, wherein the corporation is- located, whenever he has reason to believe any of the specified acts or omissions can be proved, and it is necessary…
2Cases cited3 opinions
- Alexander v. SearcySupreme Court of Georgia · 1889
- Mobile & Ohio Railroad v. StateSupreme Court of Alabama · 1857
- Memphis & Charleston Railroad v. GraysonSupreme Court of Alabama · 1889
3Cited by8 opinions
- Shehane v. BaileySupreme Court of Alabama · 1895
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Louisville & Nashville Railroad v. State ex rel. GraySupreme Court of Alabama · 1907
- State Ex Rel. Highsmith v. Brown Service Funeral Co.Supreme Court of Alabama · 1938
- South & North Alabama Railroad v. GraySupreme Court of Alabama · 1909
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