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ALABAMA v. BURR

115 U.S. 413 (1885)

ALABAMA v. BURR & Others.

Supreme Court of United States.

Decided November 16, 1885.

Attorney(s) appearing for the Case

Mr. W. Hallett Phillips argued in support of the demurrer on behalf of defendants John C. Stanton, Daniel N. Stanton, and John DeMerritt.

Mr. H.G. Nichols and Mr. B.F. Brooks argued in like manner on behalf of defendant Burr.

Mr. H.C. Tompkins and Mr. Samuel F. Rice [Mr. E.S. Mansfield was with them on the brief] opposing, argued questions of jurisdiction, and non-joinder of parties, raised by the demurrers, and also as follows:

MR. CHIEF JUSTICE WAITE delivered the opinion of the court. After stating the facts in the language above reported, he continued:

The demurrer presents the question whether the facts stated in the declaration are sufficient to support the action. The liability of the officers and stockholders of the company to the State is statutory only, and there can be no recovery unless the facts...

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