Tenn. Mutual Building & Loan Ass'n v. State
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. Action in the name of the State, against a foreign corporation, to recover a statutory penalty. Judgment by default, for amount of penalty.
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Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. Action in the name of the State, against a foreign corporation, to recover a statutory penalty. Judgment by default, for amount of penalty. (1.) The statute under which this action was brought, being highly penal, is to be strictly construed.-— Grooms v. Hannon, 59 Ala. 510; Dale Go. v. Gunter, 46 Ala. 118; Janney v. Buell, 55 Ala. 408. The right and duty to bring the action are conferred only on “the solicitor of the circuit,” and the action must necessarily be brought in the Circuit Court. The solicitor of the City…
1Opinion of the CourtHaralson, J.
The act of the legislature, “to give force and effect to section 4, Article xrv of the Constitution of the State of Alabama,” approved February 28, 1887 (Acts 1886-7, p. 102), provides, that it shall be unlawful for any company, corporation or association, not organized under the laws of- this State, to engage in or transact any business in the State, before complying with the provisions *199of section one of that act, and any such company, corporation or association violating the provisions of the act, shall, for each offense, forfeit and pay to the State, the sum of one thousand dollars.…
2Cases cited3 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Stevenson v. O'HaraSupreme Court of Alabama · 1855
3Cited by2 opinions
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
- Williams v. StateSupreme Court of Alabama · 1896