Montgomery Light Co. v. Lahey
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. Bill of Lucy W. Lahey and Sallie G. W. Farrington against the Montgomery Light Co. and others. Motion to dismiss for want of equity and demurrers to the bill were overruled. The defendants appealed from this decree. The 7th and 8th grounds of demurrer interposed by the defendants to the bill are: 7th.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. Bill of Lucy W. Lahey and Sallie G. W. Farrington against the Montgomery Light Co. and others. Motion to dismiss for want of equity and demurrers to the bill were overruled. The defendants appealed from this decree. The 7th and 8th grounds of demurrer interposed by the defendants to the bill are: 7th. It does not appear in and by the allegations of said bill of complaint but that suit would have been instituted in the name of the corporation to redress the alleged wrong had proper application been made to the…
1Opinion of the CourtDowdell, J.
— The bill in this case is filed by complainants as minority stockholders in the Montgomery Light Company, a body corporate, in behalf of themselves and any other stockholders who may come in and *134join in .the suit. The purpose of the bill is- to hold certain directors and other parties dealing with-them liable for alleged misappropriation of the corporate, funds. Demurrers were interposed to the bill by the respondents Poliak, .Roman> Pelzer, Billing and Josiah-Morris & Co.; also, motion to dismiss the bill for.want of equity. From the decree of the court overruling the demurrers and motion…
2Cases cited14 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Dodge v. WoolseySupreme Court of the United States · 1856
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Abbot v. American Hard Rubber Co.New York Supreme Court · 1861
- Duckworth v. Duckworth's Adm'rSupreme Court of Alabama · 1859
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3Cited by42 opinions
- Wills v. Nehalem Coal Co.Oregon Supreme Court · 1908
- Pollitz v. . GouldNew York Court of Appeals · 1911
- Fowler v. Alabama Iron & Steel Co.Supreme Court of Alabama · 1910
- Haney v. LeggSupreme Court of Alabama · 1900
- Gayle v. PenningtonSupreme Court of Alabama · 1914
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