State ex rel. Sanche v. Webb
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson, Tried before the Hon. James J Banes. This action was instituted by the State of Alabama on the relation of Hercules Sanche, under section 3170 of the Code, against the appellees, to have annulled and vacated the existence of an alleged corporation, on the ground that the defendants were acting as a corporation, without being duly incorporated.
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Appeal from the Circuit Court of Jefferson, Tried before the Hon. James J Banes. This action was instituted by the State of Alabama on the relation of Hercules Sanche, under section 3170 of the Code, against the appellees, to have annulled and vacated the existence of an alleged corporation, on the ground that the defendants were acting as a corporation, without being duly incorporated. On the former appeal of this case, the complaint was held sufficient. — 97 Ala. 111. Upon the remandment of the cause, the defendants filed four pleas. The plaintiff demurred to each of these pleas. The…
1Opinion of the CourtHead, J.
The questions of prime importance, in this record, are, first, the sufficiency of the third plea, as tested by the demurrers which are interposed to it, and which were overruled ; and, second, if the demurrers were properly overruled, what judgment should have been rendered, upon the plaintiff declining to plead,over’ — there being other pleas in bar, upon which issues were joined?
The plea, in the form of its conclusion, is one in bar of the further maintenance of the action, at common law; and, in other repeats, it is a plea puis darrein' continuance. The gravamen of the complaint is, that…
2Cases cited7 opinions
- Ex parte City Council of MontgomerySupreme Court of Alabama · 1879
- Comanche County v. LewisSupreme Court of the United States · 1890
- Clarke & Daviney v. JackSupreme Court of Alabama · 1877
- Central Agricultural & Mechanical Ass'n v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1881
- Mitchell v. DeedsIllinois Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Western Ry. v. FosheeSupreme Court of Alabama · 1913
- Plunkett v. DendySupreme Court of Alabama · 1916
- Louisville & Nashville R. R. v. JohnsonSupreme Court of Alabama · 1909
- For Deannexation v. City of GoodyearCourt of Appeals of Arizona · 1989
- Atlas Trailers & Water Mufflers, Inc. v. McCallumTexas Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.