Fifth Avenue Library Society v. Rhodes
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Assumpsit by the Fifth Avenue Library Society against J. T. Rhodes. Demurrer being sustained to the the complaint, plaintiff took a non suit with bill of exceptions, and appeals. Transferred from Court of Appeals under act creating said court.
1Opinion of the Court
MAYFIELD, J. —
Appellant, a foreign corporation, sued appellee in assumpsit for books sold and delivered. Appellee filed turn pleas, numbered 1 and 2, identical in legal effect, setting up the facts that plaintiff was a foreign corporation and had not complied with the statutes relating to foreign corporations doing business in this state. TO' these pleas the plaintaiff filed two replications, which were the same in legal effect, that plaintiff had not done any intrastate business in Alabama; that the only business it had done was interstate business. The defendant demurred to the…
2Cases cited4 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Culberson v. American Trust & Banking Co.Supreme Court of Alabama · 1894