Gelders v. State ex rel. Freeman
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Quo warranto by the state on the relation of A. B. Freeman against Louis Gelders and others to test the validity of a corporation. From a decree for relator, respondent appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Quo warranto by the state on the relation of A. B. Freeman against Louis Gelders and others to test the validity of a corporation. From a decree for relator, respondent appeals. Conceding that the original certificate of incorporation was defective, it ivas cured by the subsequent filing of the paper omitted. — Section 3461, Code 1907; Cook on Corporations, Sec. 5; State eos rel. v. Colias, 150 Ala. 515. The signing and acknowledging of the certificates of incorporation by the subscribers to the capital stock was a…
1Opinion of the Court
- SIMPSON, J.
This is a quo warranto proceeding, by the appellee, for the purpose of testing the validity of the corporation known as the Acme Laundry Company. The statute (Code 1907, § 3446) requires that “the certificate of corporation shall be signed by the *594subscribers to the capital stock named therein,” and the petition avers that there were more than 60 subscribers to the capital stock, and that only 3 of them signed the certificate.
The respondents filed a plea confessing the facts alleged, but stating that, after the commencement of this proceeding, they had, under and by virtue of…
2Cases cited3 opinions
- State ex rel. Thompson v. ColiasSupreme Court of Alabama · 1907
- Bixler v. SummerfieldIllinois Supreme Court · 1904
- People v. Ulster & Delaware RailroadNew York Court of Appeals · 1891
3Cited by1 opinion
- Alabama Power Co. v. Cullman County Electric Membership Corp.Supreme Court of Alabama · 1937