Ex parte North-east & South-west Ala. Railroad
Supreme Court of Alabama
‘ Application'for a mandamus’tb'tbe circuit*com't of Tus~ k aloosa, Horn Wm. S. Mudd presiding,'to compel that court to render judgment in-a certain cause'therein pending, wherein the North-east and South-west’-Alabama RailroáS Company was- plaintiff, 'and one Jobn'McCle’lland' was- defendant.
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‘ Application'for a mandamus’tb'tbe circuit*com't of Tus~ k aloosa, Horn Wm. S. Mudd presiding,'to compel that court to render judgment in-a certain cause'therein pending, wherein the North-east and South-west’-Alabama RailroáS Company was- plaintiff, 'and one Jobn'McCle’lland' was- defendant. The plaintiff was'incorporated by an act of the legislature of this State, approved December 12, 1858, (Session Acts 1S53-4, p. 270;) and tbe 14th section ‘of its charter gave it a' summary remedy by nbtice and motion against delinquent stockholders, or subscribers for stock. The suit was commenced…
1Opinion of the CourtR. W. Walker, J.
By the 14th section of the act-“•to incorporate the North-east and South-west Alabama Railroad Company,” • i't is provided, that upon the failure of any stockholder to pay his calls- of stock, the corpora-., tion “ may move the circuit- court of the county in which the stockholder resides, for judgment at the time at which . such motion is made, twenty days’ notice being given him., of said motion.. The notice may be issued by the presi- . dent of the corporation,.and served by the sheriff, who shall - be entitled to one dollar therefor, to be taxed in tbe bill of. costs; and upon such…
2Cases cited9 opinions
- Wheaton v. SextonSupreme Court of the United States · 1819
- Ortez v. Jewett & Co.Supreme Court of Alabama · 1853
- Armstrong v. RobertsonSupreme Court of Alabama · 1841
- Griffin v. Doe ex dem. StoddardSupreme Court of Alabama · 1848
- Alabama & Tennessee River Railroad v. HarrisSupreme Court of Alabama · 1854
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3Cited by3 opinions
- Owen v. PeeblesSupreme Court of Alabama · 1868
- Roszell v. StateAlabama Court of Appeals · 1923
- Benson v. StateSupreme Court of Alabama · 1890