Legal Opinion

Long v. Winona Coal Co.

Supreme Court of Alabama

Decided May 12, 1921No. 6 Div. 409PublishedCited by 10 opinions

Appeal from Circuit Court, Walker County ; T. L. Sowell, Judge. Petition by the Winona Coal Company for mandamus to be directed to E. W. Long, as Judge of Probate of Walker County, requiring him to receive and record certain certificates amending the charter of .the corporation which had been filed with him, but which he had refused to receive. From the order set out in the opinion, the respondent appeals.

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Appeal from Circuit Court, Walker County ; T. L. Sowell, Judge. Petition by the Winona Coal Company for mandamus to be directed to E. W. Long, as Judge of Probate of Walker County, requiring him to receive and record certain certificates amending the charter of .the corporation which had been filed with him, but which he had refused to receive. From the order set out in the opinion, the respondent appeals. The judge of probate was justified in declining to receive and file the certificate since the act (Acts 1919, p. 698), under which it was proposed to be filed, was violative of sections…

1Per curiam

The Winona Coal Company filed a petition in the circuit court of Walker county, seeking to mandamus the judge of probate of said county, requiring him to receive, file, and record a certain certificate offered to him for that purpose by the president and secretary of said company. Upon the presentation of this petition one of the judges of said circuit court entered the following order:

“Upon consideration, it is ordered and adjudged that an alternative writ or rule nisi be and is hereby granted as prayed in said petition and that said judge of probate, the Honorable E. W. Long, is hereby…

2Cases cited2 opinions

  1. Wise v. SpearsSupreme Court of Alabama · 1917
  2. Coker v. FountainSupreme Court of Alabama · 1917

3Cited by10 opinions

  1. Tillman v. WaltersSupreme Court of Alabama · 1925
  2. Ex Parte RegisterSupreme Court of Alabama · 1952
  3. Lee v. City of BirminghamSupreme Court of Alabama · 1930
  4. Wood v. FinneySupreme Court of Alabama · 1922
  5. Greenwood v. State Ex Rel. BailesSupreme Court of Alabama · 1935

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