The Montgomery advertiser., 1908-04-06
Head Notes of the Decisions
 of the ALabama Supreme Court

llHA Ilh MlN uIlMM |lMU IH MI lU the premises was used as a shop by plaintin up to year before commence
 ing the action. and since that time it
 nad been Kept locked and certain arti- cIes belonging to plaintiff had been
 stored therein. and the premises en-
 tereo and the articles inspected occa-
 sionally by plaintifY.
 z. same; statutory provisions; eie- mcnts.-Where one enters premises held oy another and takes peaceable pos session thereof and refuses on demand 70 deliver possession to the one enti-
 ueo thereto such one Is guilty under section 2126 of the Code of 1898. of iorciole entry and detainer. Apreai from Mobile Circuit Court,
 neard before Hon. Samuel B. Browne. simpson. IL 'H' - Tyson. c J.. and Anderson and Den son. JJ.. concur.
 i1ogiSsILLE & NASHVILLE RAIL-
 HoAD CO. vs- THE STATE FIX REL. CRAY
 Vuo Warranto.--tDecide December IA
 1907. 45 South. .2ss !
 |. quo warranto: procedure: form or remedy-The common law in refar- ence to procedure in the nature os quo warranto has been .suppianted fin Aaoama by our statutory system s. wn.cn us the only system of law in the s.ate touching this remedy. and pro ceedings in the nature of quo warranto not complying herewith cannot he Code 1896. .'''
 same: information as pleadinr- under Section 342S, the Information In auo warranto is pleading, and sub Ject to demurrer for failure fo comnIv With the requirements of the statute mheIher It be to forfeit charter, or franchise. oi
 C. Same; legislative power.-The enactment of Section 342S, Code 1898. requiring the complain in a quo war ranto proceeding to clearly and con- cisely set forth the act or omission complained of was within the iegis- lative power.
 f. same; information: alternative anesation.-W While it is permissible to state different grounds in the same in- formation, they should be stated fin separate counts or paragraphs: and an informatfon which charges alternative " Tn the same count for usurpation or a franchise, and is confused and obscure as to the grounds on which relator bases the cause of action Ia demurrable for a failure to comply with the requirements of Section 3i2s. Code 1896.
 5. sameE whether a foreign cor poration with charter power from a roreign state to operate a railroad may do so without charter power from this State should be raised by answer 10 the writ or information, and such is not defective for a fafl- ure 10 allege that the corporation was | without power under it's charter to | operate road In this State, or that 1t had not complied with the domestic law authorizing foreign corporations | to do business in this State.
 6. Pleading: pleas: duplicity.-with | the exceptions of pleas in abatement, pleas are not demurrable for dupIicity. |
 Railroad; charters :Namendment.-I Though corporate charter is a con- | tract such as the Federal Constitution prohibits the impairment of, it is sub feet to the ordinary rules governing | subsequent notifications of contracts, | md this fnviolability from impairment by Legislative action may be bargained [ away by the corporation, hence, al- | though the charter under consideration was granted before the adoption of | Article IA. Constitution 1875, and is | exempt from that article, without the | consent, the company may | ldho liiS oSHenJa or the provisions of | Sections 1170, 1171, Code fS96, by &C., cepting such provisions and bringing It's charter powers within legislative control, as Is contemplated by Sections and 25 of Article IA of the Consti-, .ution of 1875.
 8. Same; submission to legislative control; constitutional provision; &C., ;eptance.--No formal or express ac- 'eptance is necessary. under Section 25, Article 14. Constitution 1875. to enable railway company chartered before he adoption of the article to enjoy he benefits of future legislation, and when a railroad company chartered 'efore such Constitution was enacted .ccepts the benefits of Sections 117O md 1171, Code 1S96. 1t brings itself within the provisions of said Section 5. g. Same; statutory provisions; &C.,