Avondale Land Co. v. Shook
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Alfred M. Shook and others against the Avon-dale Land Company and others, to correct certain abuses in the corporation, and to enjoin the stockholders from amending the charter. Prom a decree overruling demurrers to the bill interposed by certain of the respondents they appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by Alfred M. Shook and others against the Avon-dale Land Company and others, to correct certain abuses in the corporation, and to enjoin the stockholders from amending the charter. Prom a decree overruling demurrers to the bill interposed by certain of the respondents they appeal. The right to repeal or alter the charter of a corporation may be reserved by the state through a general provision in the Constitution of the state, or a general act of the Legislature applicable to all corporations, and every charter or…
1DissentAnderson, J.
(dissenting.) — Alabama, like many other states, realizing the almost powerless condition in Avhich they were placed, as to the right to control corporations, resulting from the influence of the well-known Dartmouth College Case, 4 Wheat. 518, 4 L. Ed. 629, sought protection by the reservation in the Constitution of the power to alter, amend, or revoke the charters of same, and. which we think applies to all cor*388porations organized under the laws of this state subsequent to the adoption of said provision or whose charter was revocable at the time of the adoption of said provision.
Section 10,…
2Cases cited8 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Bienville Water Supply Co. v. MobileSupreme Court of the United States · 1902
- St. Louis, Iron Mountain & St. Paul Railway Co. v. PaulSupreme Court of the United States · 1899
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- Macon & Birmingham Railroad v. GibsonSupreme Court of Georgia · 1890
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