Legal Opinion

State v. Mobile & Girard R. R.

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 10 opinions

Appeal from Circuit Court of Bullock. Tried before Hon. J. M. Carmichael. This was an action brought in the name of the State of Alabama, by.the solicitor of the third judicial circuit of said State, upon an order made by the judge of said circuit, in the Circuit Court of Bullock county.

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Appeal from Circuit Court of Bullock. Tried before Hon. J. M. Carmichael. This was an action brought in the name of the State of Alabama, by.the solicitor of the third judicial circuit of said State, upon an order made by the judge of said circuit, in the Circuit Court of Bullock county. This suit is a statutory action and seeks to vacate the charter of The Mobile & Girard Railroad Co., under §§ 3167, 8168 and 3169, of the Code of 1886. The complaint avers among other things that said defendant had no office or principal place of business in this State and had ceased to do any business…

1Opinion of the CourtHead, J.

We are unable to see how this action can' be maintained in the circuit court of Bullock county. It is a statutory proceeding, strictly, to vacate the charter of the defendant corporation, on one or more of the grounds specified in section 3167 of the Code of 1886, and was instituted, in the name of the State of Alabama, by the solicitor of the third judicial circuit of Alabama under the provisions of section 3168 of the Code, which are as follows.: “The judge of the circuit court in which the corporation is located, whenever he has reason to believe that any of these acts or omissions can be…

2Cases cited9 opinions

  1. Gunn v. HowellSupreme Court of Alabama · 1855
  2. Landford v. DunklinSupreme Court of Alabama · 1882
  3. Barclift v. TreeceSupreme Court of Alabama · 1884
  4. Coltart v. AllenSupreme Court of Alabama · 1866
  5. Taliaferro v. LeeSupreme Court of Alabama · 1892

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3Cited by10 opinions

  1. Martin v. MartinSupreme Court of Alabama · 1911
  2. Johnson v. JohnsonSupreme Court of Alabama · 1913
  3. Tillery v. TillerySupreme Court of Alabama · 1927
  4. Goodwater Warehouse Co. v. StreetSupreme Court of Alabama · 1902
  5. Avery Freight Lines, Inc. v. PersonsSupreme Court of Alabama · 1947

5 more not listed; retrieve them via the Exa API.

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