Moses v. Tompkins
Supreme Court of Alabama
Appeal from tbe Chancery Court of Colbert. Heard before tbe Hon. Thor. Cobbs. The alleged illegal election of directors is the gravamen of the bill; without it there is no equity. The answers deny every material allegation.
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Appeal from tbe Chancery Court of Colbert. Heard before tbe Hon. Thor. Cobbs. The alleged illegal election of directors is the gravamen of the bill; without it there is no equity. The answers deny every material allegation. The injunction should be dissolved. — High on Inj. § 89(3. An illegal election of directors can not be set up in resistance to the payment of stock, but would be a case for quo-'warranto to oust the illegally elected directors. — Cook on Stocks, and Stockholders, p. Ill, note 4 and cases cited; 1 Woods E’y Law, § 148. Equity will not interfere by injunction where the acts…
1Opinion of the CourtClopton, J.
The appeal in each of the above stated cases, is taken from a decree of the chancellor, overruling a motion to dissolve a temporary injunction, the motion being rested on want of equity in the bill, and o.n the denials of the answer. The appeals were submitted, and will be considered together, involving mainly questions in common. The bills are -filed by appellees, as shareholders of the Sheffield & Tuscumbia Street Railway Company, and seek to enjoin appellants, who claim to be directors of the corporation, from selling the stock of complainants for the payment of assess*616ments and. calls…
2Cases cited6 opinions
- Cary v. StateSupreme Court of Alabama · 1884
- State ex rel. Page v. SmithSupreme Court of Vermont · 1876
- Gashwiler v. WillisCalifornia Supreme Court · 1867
- Nathan v. TompkinsSupreme Court of Alabama · 1886
- Thorington v. GouldSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Holcomb v. ForsythSupreme Court of Alabama · 1927
- In re Bankers TrustCourt of Appeals for the Seventh Circuit · 1968
- Tutwiler v. Tuskaloosa Coal, Iron & Land Co.Supreme Court of Alabama · 1889
- Bankers' Fire Marine Ins. Co. v. SlossSupreme Court of Alabama · 1934
- Walsh v. State ex rel. CookSupreme Court of Alabama · 1917
17 more not listed; retrieve them via the Exa API.