Opinion

Jackson Securities & Inv. Co. v. State

  • 241 Ala. 288
  • 2 So. 2d 760
  • 1941 Ala. LEXIS 400
Court
Supreme Court of Alabama
Filed
May 29, 1941
Status
Published
Author
Bouldin
On the bench
Foster, Gardner, Thomas, Brown, Livingston, Bouldin
Cited by
12 cases

"The general rule is recognized everywhere that a corporation is a citizen, resident or inhabitant of the state under whose laws it was created.”

How later courts described this case

  • "The general rule is recognized everywhere that a corporation is a citizen, resident or inhabitant of the state under whose laws it was created.”
  • "Our statute using a term defined by the federal courts should ordinarily be considered as having the meaning thus given by those courts, if consistent with our conception of its true meaning"
  • "[A] corporation is a citizen, resident or inhabitant of the state under whose laws it was created. . . ."

Written by the judges who cited it.

The opinion

BOULDIN, Justice

(limited concurrence).

I concur in the result, but cannot concur in the view that a foreign corporation may acquire a “permanent residence” in Alabama within the meaning of section 103 of the Revenue Act of 1935. I have no quarrel with the authorities reviewed to the effect that for certain tax purposes a foreign corporation may acquire a local situs or domicile.

In my opinion section 345, Tit. 51, of the Code of 1940, requiring an annual permit to engage in business in Alabama negatives the acquiring a permanent residence in Alabama.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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