South & North Alabama Railroad v. Gray
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. E. Sayre. Bill by Henry B. Gray against the South & North Alabama Railroad Company and others to enjoin the sale of its road, etc. From a decree for complainant, defendants appeal.
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Appeal from Montgomery City Court. Heard before Hon. A. E. Sayre. Bill by Henry B. Gray against the South & North Alabama Railroad Company and others to enjoin the sale of its road, etc. From a decree for complainant, defendants appeal. The Louisville & Nashville Company, a foreign corporation, owned a majority of the stock of the South & North Company, and the two roads had been operated as a continuous line for a number of years; the former having floated bonds for the latter company to enable it to extend its line and continue operations. A chancery court cannot take jurisdiction of a…
1Opinion of the CourtAnderson, J.
While the South & North Company was incorporated prior to the Constitution of 1875, and under the law then existing its franchise, etc., could not he sold, except by the consent of the state, it being a public service corporation, and then only with the consent of all the stockholders, yet it had been held, and properly so, that said corporation had by its acts and conduct brought itself within the influence of the Constitution of 1875, and has rendered itself amenable to all laws enacted by the state with reference to corporations of its character, and that the stockholders have acquiesced…
2Cases cited10 opinions
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Memphis & Charleston Railroad v. WoodsSupreme Court of Alabama · 1889
- Davis v. United States Electric Power & Light Co.Court of Appeals of Maryland · 1893
- Louisville & Nashville Railroad v. State ex rel. GraySupreme Court of Alabama · 1907
- George v. Central Railroad & Banking Co.Supreme Court of Alabama · 1893
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3Cited by5 opinions
- Hyams v. Calumet & Hecla Mining Co.Court of Appeals for the Sixth Circuit · 1915
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Bankers' Fire Marine Ins. Co. v. SlossSupreme Court of Alabama · 1934
- Ware Lodge No. 435, Ancient Free & Accepted Masons v. HarperSupreme Court of Alabama · 1938
- Avondale Land Co. v. ShookSupreme Court of Alabama · 1911