Parsons v. Joseph
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Hoard before the Hon. Thomas Cobbs. The bill in this case was filed on the 19th day of July, 1890, by Henry Joseph, as a stockholder in the Birmingham, Powderly & Bessemer Street Railroad Company, against the said corporation and J. II. Parsons; and sought tbe cancellation of] certain certificates of slock issued by the corporation to said ' Parsons, on the ground that the stock was fictitious and fraudulent.
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Appeal from the Chancery Court of Jefferson. Hoard before the Hon. Thomas Cobbs. The bill in this case was filed on the 19th day of July, 1890, by Henry Joseph, as a stockholder in the Birmingham, Powderly & Bessemer Street Railroad Company, against the said corporation and J. II. Parsons; and sought tbe cancellation of] certain certificates of slock issued by the corporation to said ' Parsons, on the ground that the stock was fictitious and fraudulent. There was a demurrer to the bill, and a motion to dissolve the injunction, each of which was overruled: and ibis appeal is sued out by the…
1Opinion of the CourtColeman, J.
The purpose of the bill is to have certain certificates of stock issued by the Birmingham, Powderly & Bessemer Street Railroad Co. to defendant Parsons, cancelled, on the ground that the stock is fictitious, and was issued in violation of the Constitution and statute law of the State. -‘■The bill prayed an injunction, and tire writ was awarded by the chancellor. A demurrer was interposed, and also an answer by the defendant Parsons. The cause was submitted for decree on the demurrer, and upon motion to dissolve the injunction. The court overruled the demurrer, and denied the motion to…
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