Roman v. Woolfolk
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before the Éon. T'. M. Áeeqígton. 1. Tlie rule is that an answer which denies generally the facts charged in the bill, and at the same time admits facts which establish the charges, is taken as a plenary admission for the purpose of a decree. — Boss v. Tyach, 14 How. 313; Gres. Eq.
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Appeal from Montgomery City Court. Heard before the Éon. T'. M. Áeeqígton. 1. Tlie rule is that an answer which denies generally the facts charged in the bill, and at the same time admits facts which establish the charges, is taken as a plenary admission for the purpose of a decree. — Boss v. Tyach, 14 How. 313; Gres. Eq. Evidence, 459. An answer false in one particular loses all weight as evidence.— Gunn v. Brantley, 21 Ala. 633; Pharis v. Leachman, 20 Ala. 662. 2. When a corporation becomes insolvent, its assets are a trust fund for creditors in the first instance, and for stockholders…
1Opinion of the CourtHead, J.
This bill is filed by S. Roman and six others, who are a minority in number and value of the shareholders of the Alabama Terminal and Improvement Company, a body corporate, against J. W. Woolfolk, W. E. Woolfolk, George B. Shellkorn, S. B. Stern, A. C. Saportas, E. W. Hoadley, Chas. Henderson, the Earley National Bank, L. B. Earley, J. L. Hall, the Montgomery, Tuscaloosa and Memphis Railroad Company, a body corporate, and the said Alabama Terminal and Improvement Company, hereinafter styled the Terminal Co. The interests of the Terminal Company are sought to be protected by the suit. On…
2Cases cited5 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Greaves v. . GougeNew York Court of Appeals · 1877
- Merchants & Planters Line v. WaganerSupreme Court of Alabama · 1882
- Mack v. DeBardeleben Coal & Iron Co.Supreme Court of Alabama · 1890
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- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
- Henry v. IdeSupreme Court of Alabama · 1923
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