Legal Opinion

Ashurst v. Arnold-Henegar-Doyle Co.

Supreme Court of Alabama

Decided March 23, 1918No. 5 Div. 652PublishedCited by 13 opinions

Appeal from Circuit Court, Tallapoosa County; 'S. L. Brewer, Judge. Action by the Arnold-Henegar-Doyle Company against Harry G. Ashurst. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtThomas, J.

This suit, which is one in the nature of ejectment, was tried by the court without a jury and resulted in a judgment for the plaintiff.

Suing for the storehouse and lot described in the complaint, plaintiff rested his right of recovery on a sheriff’s deed. Defendant pleaded: (1) Not guilty; (2) that plaintiff is not a corporation, and defendant has not dealt with plaintiff as such; (3) that plaintiff has not complied with the laws of the state of Alabama by filing in the office of Secretary of State a statement in writing designating at least one known place of business in said state with an…

2Cases cited35 opinions

  1. Farrior v. New England Mortgage Security Co.Supreme Court of Alabama · 1889
  2. Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
  3. Smith v. BachusSupreme Court of Alabama · 1915
  4. Alabama Western Railroad v. Talley-Bates Const. Co.Supreme Court of Alabama · 1909
  5. Cook v. Rome Brick Co.Supreme Court of Alabama · 1893

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3Cited by13 opinions

  1. Houston Canning Co. v. Virginia Can Co.Supreme Court of Alabama · 1924
  2. Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
  3. Boyette v. Preston Motors CorporationSupreme Court of Alabama · 1921
  4. Cable Piano Co. v. EstesSupreme Court of Alabama · 1921
  5. Melvin v. ScowleySupreme Court of Alabama · 1925

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