State ex rel. White v. Citizens Light & Power Co.
Supreme Court of Alabama
Quo Warranto. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Quo- warranto by the State on the relation of C. E. White, against the Citizens Light & Power Company. Decree for respondents and the relator appeals.
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Quo Warranto. Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Quo- warranto by the State on the relation of C. E. White, against the Citizens Light & Power Company. Decree for respondents and the relator appeals. The petition need not aver either that the relator is a resident or a citizen of Alabama, or that he has any interest in the Citizens Light & Power Company, or in the subject matter in the petition, or that he is a. stockholder or creditor thereof, or that the matter complained of injuriously affect the relator. — Sec. 451, Code 1907; State ex rel. v. Webb, 97…
1Opinion of the CourtAnderson, J.
The relator’s case in the concrete, as set up in the amended complaint, is that, whether the new corporation did or did not comply with the formal requirements of the law in its organization, the purpose and effect of said organization was to evade the provisions of section 234 of the Constitution of 1901 against watering the stock of the existing corporation by organizing a new company and swell the stock of the old one by transferring it to the new or holding company for new stock at the rate of two for one.
In other words, that said new company was not .organized as a bona fide holding or…
2Cases cited6 opinions
- Montgomery v. State ex rel. EnslenSupreme Court of Alabama · 1894
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
- Lea v. Iron Belt Mercantile Co.Supreme Court of Alabama · 1906
- Beitman v. Steiner Bros.Supreme Court of Alabama · 1893
- State ex rel. Sanche v. WebbSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Alabama Power Co. v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1942
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Ætna Casualty & Surety Co. v. Ætna Auto Finance, Inc.Court of Appeals for the Fifth Circuit · 1941
- Fuqua v. RobertsSupreme Court of Alabama · 1959
- N. L. Pierce Nat. Detective Agency v. Pierce Detective AgencySupreme Court of Alabama · 1928
4 more not listed; retrieve them via the Exa API.