Bloch v. O'Conner Mining & Manufacturing Co.
Supreme Court of Alabama
Appeal from tlie City Court of Gadsden. Tried before the lion. John H. Bisque. This was a statutory action of ejectment brought by the appellee, the O’Conner Mining & Manufacturing •Company, described in the complaint a® a corporation, against A. Bloch and Pauline Bloch to recover certain lands specifically described. The only question presented for review is ’sujeiently shown in the opinion.
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Appeal from tlie City Court of Gadsden. Tried before the lion. John H. Bisque. This was a statutory action of ejectment brought by the appellee, the O’Conner Mining & Manufacturing •Company, described in the complaint a® a corporation, against A. Bloch and Pauline Bloch to recover certain lands specifically described. The only question presented for review is ’sujeiently shown in the opinion. On the present appeal the defendants assign as error the judgment in .the trial court sustaining the motion to strike from the file the defendants’ pleas. cited Upham v. Honking, (¡2 Cal. 250; United…
1Opinion of the CourtHaralson, J.
’Statutory action in the nature of ejectment.
The plaintiff, a corporation, instituted this suit to recover lands described in the complaint.
Defendant pleaded (1) that plaintiff has not used its corporate franchise for a period of more than ten consecutive years; (2) that plaintiff: has forfeited its franchise or charter by reason of non-user of the same for a period of more than five; und (3) for a period of more than ten consecutive years, before the commencement of this suit.
The plaintiff moved to strike the pleas on grounds, that they failed to show that there had been a judicial…
2Cases cited2 opinions
- Lehman, Durr & Co. v. WarnerSupreme Court of Alabama · 1878
- Importing & Exporting Co. v. LockeSupreme Court of Alabama · 1874
3Cited by5 opinions
- State ex rel. Preston Mill Co. v. HowellWashington Supreme Court · 1912
- Louisville & Nashville Railroad v. DuncanSupreme Court of Alabama · 1902
- Mobile Temperance Hall Ass'n v. HolmesSupreme Court of Alabama · 1914
- Cluthe v. Evansville, Mt. Carmel & Northern Railway Co.Indiana Supreme Court · 1911
- Western Union Telegraph Co. v. JonesSupreme Court of Alabama · 1916