Norwood v. Memphis & Charleston Railroad
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. GiíaiiaM. The bill in this case was tiled on the 25th August, 1882, by 'William II.
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Appeal from the Chancery Court of Jackson. Heard before the Hon. N. S. GiíaiiaM. The bill in this case was tiled on the 25th August, 1882, by 'William II. Norwood, as the administrator of the estate of William G. Oaperton, deceased, suing as a creditor of the Southern Railway Security Association, a foreign corporation, in behalf of himself and all other creditors of said corporation, who might come in and make themselves parties; against the Memphis and Charleston Railroad Company, a domestic corporation, R. T. Wilson, its president, Samuel R. Cruse, its secretary and treasurer, and John I).…
1Opinion of the CourtSomeryille, J.
The bill is filed by the appellant, as complainant, against the Memphis and Charleston Railroad Company, a body corporate, and also several directors of the company, who are made defendants in their individual capacity.
The bill manifestly makes no case against these directors, alleging no fraud, conspiracy, or breach of trust on their part; nor is there any prayer for relief against them. There is no demurrer on their part, however, for the erroneous misjoinder; and the rule is well settled, that the right of objection is personal to them, no co-defendant being allowed to take advantage of…
2Cases cited1 opinion
- Julian v. ReynoldsSupreme Court of Alabama · 1845
3Cited by7 opinions
- Tutwiler v. Tuskaloosa Coal, Iron & Land Co.Supreme Court of Alabama · 1889
- Clement v. Merchants Nat. Bank of MobileSupreme Court of Alabama · 1986
- Smith v. ColpackSupreme Court of Alabama · 1938
- Smith v. AlexanderSupreme Court of Alabama · 1888
- Whan v. Green Star S. S. Corp.Court of Appeals for the Second Circuit · 1930
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