Wolfe v. Underwood
Supreme Court of Alabama
Appeal from City Court of Birmingham. Heard before Hon. H. A. Sharpe. Tliis proceeding was begun by petition by W. T. Underwood and others for a dissolution of the Mary Pratt Furnace Company, a private corporation, and on final hearing the court decreed a dissolution and appointed a receiver of the assets of the corporation.
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Appeal from City Court of Birmingham. Heard before Hon. H. A. Sharpe. Tliis proceeding was begun by petition by W. T. Underwood and others for a dissolution of the Mary Pratt Furnace Company, a private corporation, and on final hearing the court decreed a dissolution and appointed a receiver of the assets of the corporation. The former appeal in this case is reported in 91 Ala. 523. After the remandment of the cause, the petition was amended so as to conform to the opinion of the Supreme Court. The respondents demurred to the petition assigning among others the grounds that the legatees of J.…
1Opinion of the CourtHeal, J.
— This is a proceeding to dissolve the Mary Pratt Eurnace Company, a private corporation, instituted under and in pursuance of Chap. 13, Title 1, Part 2 of the Code of 1886. Under this statute, the proceedings are very simple, and the issues between the parties in this cause are reduced to a very narrow compass. Essential to a decree of dissolution and the winding up the affairs of the corporation through the medium of a receiver to be appointed by the court, are simply the existence of the corporation and the wish of a majority of its stockholders, owning three-fourths of the stock, at the…
2Cases cited1 opinion
- Dunlap v. HortonSupreme Court of Alabama · 1873
3Cited by2 opinions
- Robert Graves Co. v. McDade, Boyle & ButlerSupreme Court of Alabama · 1895
- Cullman Real Estate Co. v. BeyerSupreme Court of Alabama · 1927