Blythe v. Enslen
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Sylvester Blythe and others against Eugene F. Enslen and others, as stockholders and officers of the Jefferson County Savings Bank, for an accounting and a money decree. Prom a decree sustaining demurrers to the bill, complainant Blythe appeals. The superintendent of banks is not the only person authorized to institute a suit of this kind.
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Appeal from Circuit Court, Jefferson County; Hugh A. Locke, Judge. Bill by Sylvester Blythe and others against Eugene F. Enslen and others, as stockholders and officers of the Jefferson County Savings Bank, for an accounting and a money decree. Prom a decree sustaining demurrers to the bill, complainant Blythe appeals. The superintendent of banks is not the only person authorized to institute a suit of this kind. Acts 1911, p. 50; 154 Ala. 151, 45 South. 841; 36 Cyc. 1128. Stockholders may maintain such a bill. 103 Ala. 215, 13 South. 771; 121 Ala. 137, 25 South. 1006; 151 Ala. 315, 44 South.…
1Opinion of the CourtGardner, J.
In January, 1915, the Jefferson County Savings Bank, an Alabama corporation which had been conducting a general banking business in the city of Birmingham' for a number of years prior to that date, was ascertained to be insolvent, and the assets and business of the bank were taken over by the state superintendent of banks, as authorized by the statute.
There was subsequently organized the Jefferson County Bank, which for convenience will be referred to as the new bank, a separate and distinct institution from the Jeffer son County Savings Bank, hereafter referred to as the old bank. In July,…
2Cases cited26 opinions
- Wallace v. Lincoln Savings BankTennessee Supreme Court · 1891
- Hun v. . CaryNew York Court of Appeals · 1880
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Winston v. GordonSupreme Court of Virginia · 1914
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3Cited by22 opinions
- Watkins v. Scott Paper Co.Court of Appeals for the Fifth Circuit · 1976
- Adler v. MillerSupreme Court of Alabama · 1928
- Western Grain Company CasesSupreme Court of Alabama · 1955
- Louisville N. R. Co. v. RobinsonSupreme Court of Alabama · 1925
- American Bonding Co. v. Fourth Nat. BankSupreme Court of Alabama · 1921
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