Moseley v. Collins
Supreme Court of Alabama
Appeal from the Order of the Judge of the Circuit Court of Madison County. Heard before the Hon. O. Kyle. This is a petition addressed to the judge of the circuit court of Madison county, and filed by ¡the appellee, Anthony W. Moseley, seeking, by mandamus, to have the petitioner restored to his rights and franchises as a member of the “Christian Church of Huntsville, -Alabama,” a corporation created and organized under the general laws of this State.
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Appeal from the Order of the Judge of the Circuit Court of Madison County. Heard before the Hon. O. Kyle. This is a petition addressed to the judge of the circuit court of Madison county, and filed by ¡the appellee, Anthony W. Moseley, seeking, by mandamus, to have the petitioner restored to his rights and franchises as a member of the “Christian Church of Huntsville, -Alabama,” a corporation created and organized under the general laws of this State. Under the opinion on ¡the present appeal it is unnecessary to set out the facts of the case in detail. On the hearing of the cause the court…
1Opinion of the CourtTyson, J.
The petition for mandamus in this case proceeds upon the theory that no corporate action had ever been taken by the corporation in excluding the petitioner from the exercise of his rights as a member and as an officer. Indeed, it averred that no vote of the members comprising the corporation was had directing the striking of his name from the roll of membership, but that it wias the unauthorized act of the respondents Collins and McBride assuming to act in their official capacity as elders. The prayer of the petition is for a writ of mandamus directed to the corporation, to Ira F. Collins,…
2Cases cited18 opinions
- United States v. BoutwellSupreme Court of the United States · 1873
- Oroville & Va. R.R. v. Supervisors of Plumas Cty.California Supreme Court · 1869
- Decatur Mineral Land Co. v. PalmSupreme Court of Alabama · 1896
- Speed v. CockeSupreme Court of Alabama · 1876
- Hill v. TarverSupreme Court of Alabama · 1900
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3Cited by12 opinions
- Bryce v. BurkeSupreme Court of Alabama · 1911
- Bozeman v. DillardSupreme Court of Alabama · 1925
- La Gorce Country Club v. CeramiSupreme Court of Florida · 1954
- Ex Parte State Ex Rel. ShirleyAlabama Court of Appeals · 1925
- State Ex Rel. Davis v. CurtisSupreme Court of Alabama · 1922
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