Semple v. Glenn

Decision Date27 February 1889
PartiesSEMPLE v. GLENN.
CourtAlabama Supreme Court

Appeal from circuit court, Montgomery county.

Williams & Williams, for appellant.

W S. Thorington and John Howard, for appellee.

SOMMERVILLE J.

The principles settled in the case of Lehman v. Glenn ante, 44, (decided at the present term,) and in Glenn v. Semple, 80 Ala. 159, require an affirmance of the judgment in this case. The only difference which distinguishes the case at bar from that of Lehman v. Glenn supra, is that here there has been no recognition by the appellant of his liability as subscriber for stock in the corporation represented by the plaintiff from the time it was made, in 1866, up to the time of bringing this suit, in 1888, which is more than 20 years. It is insisted that, under the doctrine of prescription, this lapse of 20 years bars the claim, on the ground that the law will presume that the call for assessments was long since made and satisfied. Matthews v. McDade, 72 Ala. 377; Bozeman v. Bozeman, 82 Ala. 389, and cases cited, p. 391, 2 South. Rep. 732. This view is fully met by the case above cited. We there held that all stockholders in the corporation known as the "National Express Company," or under its changed name of the "National Express & Transportation Company," were to be considered as parties to the suit commenced by the creditors in the chancery court of the city of Richmond in December, 1871, for all the legitimate purposes of that suit, in that the corporation itself was made a party by proper service on its officers, and that the interests of the stockholders were represented by the corporation of which they were members. The decree rendered on December 14, 1880, in that suit, which was about six years before the prescription of 20 years would have been complete, was conclusive of the fact that there was no laches or improper delay in making the call or assessment then ordered by the court, which that tribunal had full authority to make, and which was binding prima facie upon all whose names appeared upon the company's books as members and stockholders. It is equally conclusive of the fact that these assessments or calls had not presumptively been made before, nor satisfied by payment. The effect of the call under the decree was to rebut the presumption of payment, which might otherwise have arisen by reason of the lapse of 20 years from the date of the subscription,...

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42 cases
  • Duncan v. Johnson
    • United States
    • Supreme Court of Alabama
    • September 24, 1976
    ...and justice is next to impossible. '' Harrison v. Heflin, 54 Ala. 552, 563, 564; Greenlees v. Greenlees, 63 Ala. 330; Semple v. Glenn, 91 Ala. 245, 260, 261, 6 So. 46, 9 So. 265, 24 Am.St.Rep. 894; Roach v. Cox, 160 Ala. 425, 49 So. 578, 135 Am.St.Rep. 'The rule now creates a conclusive bar......
  • Wright v. Hix
    • United States
    • Supreme Court of Alabama
    • October 30, 1919
    ......533, 27 Sup.Ct. 755, 51 L.Ed. 1163;. Nashua Sav. Bank v. Anglo-American Co., 189 U.S. 221, 230, 23 Sup.Ct. 517, 47 L.Ed. 782; Glenn v. Liggett, 135 U.S. 533, 544, 10 Sup.Ct. 867, 34 L.Ed. 262; Hawkins v. Glenn, 131 U.S. 319, 332, 9 Sup.Ct. 739, 33 L.Ed. 184; Canada So. Ry. ... against the stockholders to recover, what may be due.". Lehman, Durr & Co. v. Glenn, 87 Ala. 618, 627, 6 So. 44; Semple v. Glenn, 91 Ala. 245, 6 So. 46. And. (page 2467) the author further observes:. . . "According to the weight of authority, a judgment. ......
  • Hendley v. First Nat. Bank
    • United States
    • Supreme Court of Alabama
    • October 7, 1937
    ...... . Goodwyn. v. Baldwin, supra, has been cited with approval in the. following cases: Philippi v. Philippi, 61 Ala. 41,. 47; Glenn's Adm'r v. Billingslea, 64 Ala. 345, 355; Baker v. Prewitt, 64 Ala. 551, 555;. Garrett v. Garrett, 69 Ala. 429, 431; Sullivan. v. Lawler, ... 81 Ala. 505, 507, 1 So. 82, 83--defense raised by. subpurchasers on demurrer; Solomon v. Solomon, 83. Ala. 394, 396, 3 So. 679, 680; Semple v. Glenn, 91. Ala. 245, 261, 6 So. 46, 47, 9 So. 265, 24 Am.St.Rep. 894;. Jackson v. Elliott, 100 Ala. 669, 672, 13 So. 690,. 692; Bailey v. ......
  • Chesapeake & O. Ry. Co. v. Deepwater Ry. Co.
    • United States
    • Supreme Court of West Virginia
    • April 25, 1905
    ...Chase v. Railroad Co., 38 Ill. 215. Though denouncing the rule as indefensible in principle, the Alabama court enforced it in Semple v. Glenn, 91 Ala. 245, 6 So. 46, 9 So. 24 Am.St.Rep. 894. A review of the cases will show that, except in a few instances, there was evidence other than the m......
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