Lea v. Iron Belt Mercantile Co.
Supreme Court of Alabama
Appeal from Calhoun Chancery Court. Heard before. PI on. R. B. Kelly. Bill by the Iron Belt Mercantile Company against Preston Lea and the Piedmont Land & Improvement Company. From a decree for plaintiff, defendants appeal. The facts are sufficiently stated in the opinion of the court.
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Appeal from Calhoun Chancery Court. Heard before. PI on. R. B. Kelly. Bill by the Iron Belt Mercantile Company against Preston Lea and the Piedmont Land & Improvement Company. From a decree for plaintiff, defendants appeal. The facts are sufficiently stated in the opinion of the court. The decree pro confesso against, the Piedmont Land & Improvement Company was erroneous in the absence of proof of proper service, of the summons. — Independent Publishing Company v. American- Press Association, 102 Ala. 475. The receiver was and is an indispensable' party to this proceeding, as the right to the…
1Opinion of the Court
TYSON, J.-
The bill in this case was filed by a judgment creditor of the Piedmont Land & Improvement Company, an insolvent corporation, after execution with a return of “No property found,” seeking to condemn an alleged unpaid subscription to capital stock of said corporation made by respondent Lea. When this cause ivas here on former appeal, the equity of.the bill was sustained, not upon the theory that complainant’s right to condemn the unpaid subscription was on account of any privity of contract existing between it and the subscriber Lea, or that the statute under which the debtor…
2Cases cited16 opinions
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
- Coit v. Gold Amalgamating Co.Supreme Court of the United States · 1886
- First National Bank v. Gustin Minerva Consolidated Mining Co.Supreme Court of Minnesota · 1890
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
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3Cited by21 opinions
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Robertson Banking Co. v. BrasfieldSupreme Court of Alabama · 1918
- Watt v. German Savings BankCourt of Appeals of Iowa · 1917
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