Martin, Pleasants & Co. v. Branch Bank of Alabama
Supreme Court of Louisiana
Eastern Dist. APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. The plaintiffs allege, they are holders of bank notes issued by the Branch Bank of the State of Alabama at Mobile, amounting to two thousand eight hundred dollars, that said bank is a corporation, created by a law of the State of Alabama, and liable to be sued. The suit commenced by attachment of property belonging to the bank in New-Orleans.
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Eastern Dist. APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. The plaintiffs allege, they are holders of bank notes issued by the Branch Bank of the State of Alabama at Mobile, amounting to two thousand eight hundred dollars, that said bank is a corporation, created by a law of the State of Alabama, and liable to be sued. The suit commenced by attachment of property belonging to the bank in New-Orleans. The plaintiffs pray that an attorney be appointed to represent the Bank, and that, after due proceedings had, they have judgment, and that certain property attached be sold to satisfy their…
1Opinion of the CourtMartin, J.
The defendants have based their expectation of the reversal of the judgment on two propositions:
1. That they are not sueable at all.
2. That they cannot be sued by attachment.
I. They claim an exemption from suit on the ground that the whole of the stock of the bank is the property of the State of Alabama; that no individual is interested therein, and, *417consequently, the suit against them, is a suit against one of the states of the Union, which is not sueable in the courts of ci sister state.
A corporation, the^t^ok'iíen-InotLr^tatei ;md created by suedintheomirts of this state. .An attachment…
2Cases cited2 opinions
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Briscoe v. President of the Bank of the CommonwealthSupreme Court of the United States · 1837
3Cited by2 opinions
- N. O., J. & G. N. R. R. v. WallaceMississippi Supreme Court · 1874
- Vicksburg S. & P. R. v. ForcheimerMississippi Supreme Court · 1917