Birmingham Disinfectant Co. v. Smith
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Crowe. Bill by Mrs. D. M. Smith and others, against the Birmingham Disinfectant Company and others, for appointment of a receiver, and for an accounting. From a decree appointing a receiver respondents appeal. Reversed and remanded. Tlie court erred in the appointment of a receiver.
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Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Crowe. Bill by Mrs. D. M. Smith and others, against the Birmingham Disinfectant Company and others, for appointment of a receiver, and for an accounting. From a decree appointing a receiver respondents appeal. Reversed and remanded. Tlie court erred in the appointment of a receiver. In the first instance the affidavits were on information and belief, and were, therefore, insufficient. — Schlicer v. Brock, et al., 124 Ala. 626; Pollardv. SouthernF. Co., 122 Ala. 409; Burgess v. Martin, 111 Ala. 656; Ex parte Globe I. d B. B. Co., 87…
1Opinion of the Court
SOMERVILLE, J.-
This appeal is taken from the action of the lower court, appointing a receiver without notice to the opposite party.
The complainants are the oivners of a majority of the stock in the defendant corporation. At a meeting of the stockholders, held in March, 1910, the defendants A. F. Stubbs and his wife, Mrs. Stubbs, including the complainant Mrs. D. M. Smith, were chosen as directors of the company. The said A. F. Stubbs was subsequently elected president of the company, and Mrs. Smith was elected as secretary. It is further alleged that subsequently W. L. Smith was elected…
2Cases cited9 opinions
- Burgess & Co. v. MartinSupreme Court of Alabama · 1895
- Briarfield Iron Works Co. v. FosterSupreme Court of Alabama · 1875
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
- Alabama Coal & Coke Co. v. ShackelfordSupreme Court of Alabama · 1902
- Pollard v. Southern Fertilizer Co.Supreme Court of Alabama · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Henry v. IdeSupreme Court of Alabama · 1922
- Henry v. IdeSupreme Court of Alabama · 1923
- Van Antwerp Realty Corporation v. CookeSupreme Court of Alabama · 1935
- Lambert v. AndersonSupreme Court of Alabama · 1933
3 more not listed; retrieve them via the Exa API.