Legal Opinion

Burg v. Smith

Supreme Court of Alabama

Decided March 12, 1931No. 6 Div. 725Published

1Opinion of the CourtThomas, J.

The major questions for decision are of venue and jurisdiction of necessary parties in a bill to dissolve a corporation, where accounting is sought of the officers, for collection of unpaid subscriptions to the capital stock, and for appointment of a receiver.

The venue statute contains such expressions as, “be filed in the county in which the defendants, or a material defendant, resides,” and “if real estate be the subject-matter of the suit, whether it be the ewcMsive subject-matter of the suit or not, then in the■ county lohere the same, or a material portion thereof is situated." (Italics…

2Cases cited29 opinions

  1. Holcomb v. ForsythSupreme Court of Alabama · 1927
  2. Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
  3. Henry v. IdeSupreme Court of Alabama · 1922
  4. Noble v. Gadsden Land & Improvement Co.Supreme Court of Alabama · 1901
  5. Davidson v. BrownSupreme Court of Alabama · 1926

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