Tuskaloosa Scientific & Art Ass'n v. Green
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile, Tried-before Hon. John Elliott. The appellant, in its complaint, claimed of the appellee “ one hundred dollars for one share of the capital stock of their association, by them sold and delivered to the defendant, and for which he refuses to pay.”
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Appeal from the Circuit Court of Mobile, Tried-before Hon. John Elliott. The appellant, in its complaint, claimed of the appellee “ one hundred dollars for one share of the capital stock of their association, by them sold and delivered to the defendant, and for which he refuses to pay.” A jury trial was waived, the decision of the case submitted to the court on an agyeed state of facts, in substance as follows: On the 11th day of March, 1871, defendant agreed to buy from the plaintiffs one share of the capital stock of the Tuskaloosa Scientific and Art Association, and afterwards refused to…
1Opinion of the CourtPeters, J.
This case was decided on an agreed state of facts in the court below. And there seems to be but a single question contested in this court. That is this: Was the act of the general assembly of this State approved the 9th day of March, 1871, entitled “An act to repeal an act to incorporate the Tuskaloosa Scientific and Art Association, for the purpose of encouraging science and art, and aiding the University of the State in replacing its library and establishing a scientific museum,” a valid law? That is, did the repealing act destroy the corporate powers of said association? This latter act…
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