Cole v. Birmingham Union Railway Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard, before the Hon. John C. Carmichael. The bill in this case was filed by appellant, who avers himself to be the owner of seventy-five shares of the capital stock of the Birmingham Union Railway Company, and seeks to set aside a transfer of the assets of said corporation, alleged to' have been made in 1891, to the Birmingham Railway & Electric Company.
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Appeal from the Chancery Court of Jefferson. Heard, before the Hon. John C. Carmichael. The bill in this case was filed by appellant, who avers himself to be the owner of seventy-five shares of the capital stock of the Birmingham Union Railway Company, and seeks to set aside a transfer of the assets of said corporation, alleged to' have been made in 1891, to the Birmingham Railway & Electric Company. The bill further seeks to set aside another transfer of the assets of the corporation made by said Birmingham Railway & Electric Company in February, 1893, to the Birmingham Railway, Light &…
1Opinion of the CourtHaralson, J.
The defense relied on is that, having delayed for more than ten years in seeking relief, allowing conditions to- change, and the rights of third parties to intervene, defendant is barred, by his laches, of any relief prayed.
The question of laches, as applicable to- this case, has been so often considered and approved by this and other *432courts and law writers, as to leave nothing new to be originated on the question. It will suit our purposes as well, if not better, therefore, to refer to some of these authorities bearing directly on the case, and repeat the language employed in some of- them…
2Cases cited13 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Galliher v. CadwellSupreme Court of the United States · 1892
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Hayward v. National BankSupreme Court of the United States · 1878
- Landsdale v. SmithSupreme Court of the United States · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gayle v. PenningtonSupreme Court of Alabama · 1914
- First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Alexander v. FountainSupreme Court of Alabama · 1916
- Louisville & Nashville Railroad v. State ex rel. GraySupreme Court of Alabama · 1907
15 more not listed; retrieve them via the Exa API.