Legal Opinion
Freeman Fun. Home, Inc. v. Diamond S. Const., Inc.
Court of Civil Appeals of Alabama
Decided September 13, 1972No. 1 Div. 75PublishedCited by 1 opinion
1Opinion of the Court
WRIGHT, Presiding Judge.
Suit was filed by appellant in the Circuit Court of Washington County, Alabama, against appellee corporation. The action was ex contractu claiming sums due on August 10, 1968. Service was by the Sheriff of Montgomery County, Alabama, upon a statutory agent of appellee, designated under Title 7, Section 192 Code of Alabama 1940, and as required for the doing of business by a foreign corporation in this State by Article 12, Section 232, Constitution of 1901.
To the suit, appellee filed a plea in abatement averring that it was a foreign corporation and had never done…
2Cases cited6 opinions
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
- Central Railroad & Banking Co. v. CarrSupreme Court of Alabama · 1884
- Jefferson Island Salt Co. v. E. J. Longyear Co.Supreme Court of Alabama · 1923
- Smith v. Hydro Gas Co. of West Florida, Inc.Court of Appeals for the Fifth Circuit · 1946
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3Cited by1 opinion
- Vandergriff v. Southern Ry. Co.Supreme Court of Alabama · 1988