Mitchell v. Aulander Realty Co.
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at tbe May Term, 1915, of BERTIE. Motion in tbis cause for appointment of a receiver. His Honor appointed a receiver for the defendant corporation, from which order the defendants appealed.
1Opinion of the CourtBrowst, J.
This action is brought by the plaintiffs as stockholders in the defendant corporation for the purpose of dissolving it and having its assets distributed according to law, and to that end they ask that a receiver be appointed.
The defendants offer four objections to the relief sought by the plaintiffs, towit:
1. For the reason that the plaintiffs were never stockholders in the defendants’ corporation, according to its by-laws, and that none of the stock of the said corporation was in the possession of the plaintiffs or appeared in their names on the books of the corporation, but was held as a…
2Cases cited3 opinions
- Brewer v. Proprietors of the Boston TheatreMassachusetts Supreme Judicial Court · 1870
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Moore v. Silver Valley Mining Co.Supreme Court of North Carolina · 1889
3Cited by8 opinions
- Jones v. WaldroupSupreme Court of North Carolina · 1940
- Jones v. . WaldroupSupreme Court of North Carolina · 1940
- Grissom v. SternbergerCourt of Appeals for the Fourth Circuit · 1926
- Hall v. Shippers Express, Inc.Supreme Court of North Carolina · 1951
- Gaines v. Long Mfg. Co.Supreme Court of North Carolina · 1951
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