Capital City Water Co. v. State ex rel. Macdonald
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before the Hon. Thomas M. Arrington. This was a proceeding in the nature of quo warranto, instituted by the appellee, The State on the relation of Gordon Macdonald, to vacate and annul the charter of the appellant, the Capital City Water Company. The averments of the petition or complaint, and the prayer thereof are sufficiently stated in the opinion.
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Appeal from the City Court of Montgomery. Heard before the Hon. Thomas M. Arrington. This was a proceeding in the nature of quo warranto, instituted by the appellee, The State on the relation of Gordon Macdonald, to vacate and annul the charter of the appellant, the Capital City Water Company. The averments of the petition or complaint, and the prayer thereof are sufficiently stated in the opinion. The respondent' demurred to the complaint and moved to quash the writ issued thereon on the following grounds : ‘ ‘ (1.) Because said suit was not commenced by a summons and complaint as required…
1Opinion of the CourtMcCLELLAN, J.
This is a proceeding in the nature of quo'warranto, prosecuted by the State on the relation of Macdonald against the Capital City Water Company, a corporation, under sections 3167 et seq. of the Code, for the dissolution of said corporation. It was commenced by petition or information on address to the judge of the city court of Montgomery. The petition avers that; said company is an organized body acting as *419a corporation, and claiming to be chartered under the laws of this State, and to have the franchise for the business of furnishing water through its system of water works to the…
2Cases cited8 opinions
- People ex rel. M'Kinch v. Directors of Bristol & Rensselaerville Turnpike RoadNew York Supreme Court · 1840
- Heflin v. Rock Mills Manufacturing & Lumber Co.Supreme Court of Alabama · 1877
- State ex rel. Sanche v. WebbSupreme Court of Alabama · 1892
- Tuscaloosa Scientific & Art Ass'n v. State ex rel. MurphySupreme Court of Alabama · 1877
- Taylor v. State ex rel. HandSupreme Court of Alabama · 1858
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3Cited by16 opinions
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- Louisville & Nashville Railroad v. State ex rel. GraySupreme Court of Alabama · 1907
- West End v. StateSupreme Court of Alabama · 1902
- Milton v. MitchellSupreme Court of Georgia · 1913
- State ex rel. Weatherly v. Birmingham Water Works Co.Supreme Court of Alabama · 1913
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