Legal Opinion

Foster v. White

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 33 opinions

Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. In this case, an application was made on the 30th January, 1889, in the name of the State, on the relation of Joel White, for a mandamus to T. Gardner Poster, as secretary and treasurer of the Montgomery Gas-Light Company, or the Montgomery Light Company, a private corporation, requiring him to allow the relator, who was a stockholder in said corporation, to inspect and examine its books,…

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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. In this case, an application was made on the 30th January, 1889, in the name of the State, on the relation of Joel White, for a mandamus to T. Gardner Poster, as secretary and treasurer of the Montgomery Gas-Light Company, or the Montgomery Light Company, a private corporation, requiring him to allow the relator, who was a stockholder in said corporation, to inspect and examine its books, records and papers. The petition alleged that demand for an inspection of the books, &c., was made by the petitioner, as a…

1Opinion of the CourtClopton, J.

Section 1677 of Code, 1886, declares: “The stockholders of all private corporations have the right of access to, inspection and examination of the books, records and papers of the corporation, at reasonable and proper times.” As we do not concur in the proposition, that the statute is merely declaratory of the common law, it becomes unnecessary to consider the character and extent of the right of a shareholder, in the absence of statutory regulations, to inspect and examine the books and records of the corporation of which he is a member. The statute was enacted in view of the restrictions…

2Cases cited1 opinion

  1. Brewer v. WatsonSupreme Court of Alabama · 1882

3Cited by33 opinions

  1. Nowack v. Auditor GeneralMichigan Supreme Court · 1928
  2. Stone v. KelloggIllinois Supreme Court · 1897
  3. Bank of Heflin v. MilesSupreme Court of Alabama · 1975
  4. Moore v. Rock Creek Oil Corp.Texas Commission of Appeals · 1933
  5. State v. Cities Service CompanySupreme Court of Delaware · 1922

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