Legal Opinion

Southern Coal Co. v. Yazoo Ice & Coal Co.

Mississippi Supreme Court

Decided October 15, 1918Published

Appeal from the circuit court of Yazoo county. Hon. W. H. Porter, Judge. Suit by the Southern Coal Company against the Yazoo Ice & Coal Company. From a judgment against plaintiff on demurrer, it appeals. The facts are fully stated in the opinion of the court. Appellees liable as co-partners under tbe Constitution of Mississippi.

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Appeal from the circuit court of Yazoo county. Hon. W. H. Porter, Judge. Suit by the Southern Coal Company against the Yazoo Ice & Coal Company. From a judgment against plaintiff on demurrer, it appeals. The facts are fully stated in the opinion of the court. Appellees liable as co-partners under tbe Constitution of Mississippi. By section 930 of tbe Code, it is expressly provided: “Every corporation organized under this chapter shall, within thirty days after such organization, make report thereof to the secretary of state, who is required to furnish blank forms for that purpose, as provided…

1Opinion of the Court

Smith, C. J.,-

delivered the opinion of the court.

This is an action in assumpsit begun in the court below by appellant against several defendants alleged to be doing business as partners under the name and style of the Yazoo Ice & Coal Company. The declaration alleged that the Yazoo Ice & Coal Company was incorporated in February, 1908, hut that its organization was not reported to the Secretary of State within thirty days, as provided by section 930, Code of 1906, section 4104. Hemingway’s Code which provides that: “Should such report be not made within the time required, the charter granted…

2Cases cited2 opinions

  1. Woods v. RileyMississippi Supreme Court · 1894
  2. City of Vicksburg v. Sun Mutual InsuranceMississippi Supreme Court · 1894

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