Ellis v. Vandergrift
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by A. B. Vandergrift and others, minority stockholders in the Three Rivers Coal & Iron Company, against J. E. Ellis, the corporation and the corporate officers to dissolve the corporation, correct certain fraudulent acts and for other purposes. Prom a decree overruling his demurrer to the bill the respondent Ellis appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Bill by A. B. Vandergrift and others, minority stockholders in the Three Rivers Coal & Iron Company, against J. E. Ellis, the corporation and the corporate officers to dissolve the corporation, correct certain fraudulent acts and for other purposes. Prom a decree overruling his demurrer to the bill the respondent Ellis appeals. The court erred in overruling the first ground of demurrer to the bill. — Bishop v. Bishop, 13 Ala. 475; McDonald v. Life Ins. Go., 56 Ala. 468; Sec. 3094, Code 1907. The bill was multifarious and that…
1Opinion of the CourtMcCLELLAN, J.
This appeal is prosecuted alone by J. E. Ellis, one of a number of defendants. His complaint here is that his separate demurrer (he Avas concerned in no other) to the bill was OAmrruled.
The general purposes of the bill — stating them Avithout effort at particularity — are dissolution of the Three Kivers Coal & Iron Company, a corporation, and relief against averred fraudulent conduct on the part of a majority of the directorate, and of some of the officers, and a majority of the shareholders, of the corporation.
The only relation J. E. Ellis appears from the hill to have to the subject-matter…
2Cases cited8 opinions
- Montgomery Light Co. v. LaheySupreme Court of Alabama · 1898
- Truss v. MillerSupreme Court of Alabama · 1897
- Allen v. WattsSupreme Court of Alabama · 1893
- Stone v. Knickerbocker Life InsuranceSupreme Court of Alabama · 1875
- Bentley v. BarnesSupreme Court of Alabama · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Elgin v. Alfa Corp.Supreme Court of Alabama · 1992
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- O'Dell v. StateSupreme Court of Alabama · 1959
- Henry v. IdeSupreme Court of Alabama · 1922
- Mathews v. J. F. Carroll Merc. Co.Supreme Court of Alabama · 1915
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