Harris v. Nesbit
Supreme Court of Alabama
ERROR, to tho Chancery Court of Cherokee. Heard before the Hon. David G. LigoN. The plaintiffs in error filed their bill in the court below against Wilson Nesbit, alleging, that one Jane Lowry, in her life-time, owned and kept a ferry at Cedar Bluff in said county, under a license granted to her by the Commissioners’ Court of said county ; that, on her death, the said ferry license and privileges were renewed and revived, by grant from said court to complainants, who were…
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ERROR, to tho Chancery Court of Cherokee. Heard before the Hon. David G. LigoN. The plaintiffs in error filed their bill in the court below against Wilson Nesbit, alleging, that one Jane Lowry, in her life-time, owned and kept a ferry at Cedar Bluff in said county, under a license granted to her by the Commissioners’ Court of said county ; that, on her death, the said ferry license and privileges were renewed and revived, by grant from said court to complainants, who were the heirs at law of said Jane Lowry ; that complainants have kept up said ferry, according to law, from the time of said…
1Opinion of the CourtGibbons, J.
“The subject of the forfeiture of corporate franchises by non-user or mis-userf* says Chancellor Kent, “ was fully discussed in the case of The King v. Amery, 2 Term R. 515 ; and it was held, that, though a corporation may be dissolved, and its franchises -lost, by non-user or neglect, yet it Avas assumed as an undeniable proposition, that the default Ayas to be judicially determined in a suit instituted for the purpose. The ancient doubt was, whether a corporation could be dissolved, at all, for a breach of trust. It is iioav well settled, that it may; but then it must be first called upon…
2Cited by7 opinions
- Robinson v. JonesSupreme Court of Florida · 1873
- Lehman, Durr & Co. v. WarnerSupreme Court of Alabama · 1878
- MacDonald v. RehrerSupreme Court of Florida · 1886
- Ex parte MooreSupreme Court of Alabama · 1878
- Hornbrook v. Town of Elm GroveWest Virginia Supreme Court · 1895
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