Alabama, T. & N. Ry. v. Tolman
Supreme Court of Alabama
• Appeal from Circuit Court, Mobile County; Thomas H. Smith, Judge. Bill by D. H. Tolman against the Alabama, Tennessee & Northern Railway and others. From an order appointing a receiver, respondents appeal. Appellee, as a creditor, in behalf of himself and other creditors, filed his bill against the Alabama, Tennessee & Northern Railway, a domestic railroad corporation formed by a consolidation or merger of three other corporations.
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• Appeal from Circuit Court, Mobile County; Thomas H. Smith, Judge. Bill by D. H. Tolman against the Alabama, Tennessee & Northern Railway and others. From an order appointing a receiver, respondents appeal. Appellee, as a creditor, in behalf of himself and other creditors, filed his bill against the Alabama, Tennessee & Northern Railway, a domestic railroad corporation formed by a consolidation or merger of three other corporations. Two of such constituents were railroad corporations, and the other was a terminal company, probably intended to form a part or adjunct of the line of railroads…
1Opinion of the CourtMaxeield, J.
The only question presented by this appeal is the correctness and propriety of the order and decree of the chancellor in appointing a receiver under the circumstances adverted to.
[1] We cannot now pass upon the questions raised by demurrer to the bill, except in so far as the averments of the bill, in connection with the proof, tend to authorize or justify the appointment of the receiver. This for the reason that the chancellor did not rule or decree on the demurrers. Nor is his failure to so pass upon them so presented that we can review the question therein involved. This question can be…
2Cases cited24 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Peck v. JennessSupreme Court of the United States · 1849
- Freeman v. HoweSupreme Court of the United States · 1861
- Payne v. HookSupreme Court of the United States · 1869
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
19 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Alabama Power Co. v. McNinchCourt of Appeals for the D.C. Circuit · 1937
- Boyette v. Preston Motors CorporationSupreme Court of Alabama · 1921
- State v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1918
- Ex Parte AllanSupreme Court of Alabama · 1929
- William H. Ellis v. State National Bank of Alabama, the American National Bank of Gadsden v. Central Bank and Trust CompanyCourt of Appeals for the Fifth Circuit · 1970
7 more not listed; retrieve them via the Exa API.