Alabama City, G. & A. Ry. Co. v. Kyle
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by T. S. Kyle and another, trustees, against the Alabama City, Gadsden & Attalla Railway Company. From judgment for plaintiffs, defendant appeals. This cause was submitted and determined under new rule 46 (178 Ala. six, 65 South. vii), Mr. Justice MAYFIELD delivering the opinion of the court. Statement of Case.. Appellees sued appellant. The complaint contained nine counts.
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Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Action by T. S. Kyle and another, trustees, against the Alabama City, Gadsden & Attalla Railway Company. From judgment for plaintiffs, defendant appeals. This cause was submitted and determined under new rule 46 (178 Ala. six, 65 South. vii), Mr. Justice MAYFIELD delivering the opinion of the court. Statement of Case.. Appellees sued appellant. The complaint contained nine counts. All the counts except the first and the ninth were eliminated, and their elimination is not questioned on this appeal. Count 1 is in. Code form, on a…
1Opinion of the Court
Opinion.
The first error insisted upon is that the execution of both the note and the contract sued upon was ultra vires the powers of the . defendant corporation.
[1] The charter of a corporation, read in connection with the general laws applicable to it, is the measure of its powers, and a contract manifestly beyond those powers will not sustain an action against it. But whatever, under the charter and other general laws, reasonably construed, may fairly be regarded as incidental to the objects for which the corporation was created is not to be taken as prohibited. Green Bay & M. R. Co. v.…
2Cases cited21 opinions
- Green Bay & Minnesota Railroad v. Union Steamboat Co.Supreme Court of the United States · 1883
- Carver v. EadsSupreme Court of Alabama · 1880
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Manning v. MaroneySupreme Court of Alabama · 1888
16 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Hoffman-La Roche, Inc. v. CampbellSupreme Court of Alabama · 1987
- Alabama State Bridge Corporation v. SmithSupreme Court of Alabama · 1928
- Hill v. RiceSupreme Court of Alabama · 1953
- Alabama Power Co. v. TalmadgeSupreme Court of Alabama · 1921
- Christie v. DurdenSupreme Court of Alabama · 1921
24 more not listed; retrieve them via the Exa API.