Long v. Winona Coal Co.
Supreme Court of Alabama
Appeal from Circuit Court, Walker County ; T. L. Sowell, Judge. Petition by the Winona Coal Company for mandamus to be directed to E. W. Long, as Judge of Probate of Walker County, requiring him to receive and record certain certificates amending the charter of .the corporation which had been filed with him, but which he had refused to receive. From the order set out in the opinion, the respondent appeals.
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Appeal from Circuit Court, Walker County ; T. L. Sowell, Judge. Petition by the Winona Coal Company for mandamus to be directed to E. W. Long, as Judge of Probate of Walker County, requiring him to receive and record certain certificates amending the charter of .the corporation which had been filed with him, but which he had refused to receive. From the order set out in the opinion, the respondent appeals. The judge of probate was justified in declining to receive and file the certificate since the act (Acts 1919, p. 698), under which it was proposed to be filed, was violative of sections…
1Opinion
On Rehearing.
2Per curiam
Counsel for appellee, after dismissal of the cause, filed an extended brief, seeking a reconsideration of the judgment of dismissal, and insists that the foregoing holding is erroneous. Reliance is had upon the provisions of section 2843 of the Code of 1907, authorizing appeals “from the judgment of the judges of the circuit and city courts and county courts of law and equity, on application for writs of certiorari, supersedeas, quo warranto, mandamus, and other remedial writs,” and the cases of Ex parte Campbell, 130 Ala. 177, 30 South. 385, Mayfield v. Court of County…
3Cases cited15 opinions
- Mills v. Court of Com'rsSupreme Court of Alabama · 1920
- Mayfield v. Court of County Com. Tuscaloosa CountySupreme Court of Alabama · 1906
- Life & Fire Ins. Co. of NY v. AdamsSupreme Court of the United States · 1835
- Swan v. GrayMississippi Supreme Court · 1870
- Alabama Interstate Power Co. v. Mt. Vernon-Woodberry Cotton Duck Co.Supreme Court of Alabama · 1913
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