Mountain Manor Co. v. Greenoe

Candler, Justice.

(After stating the foregoing facts.) It is urged that the petitioners’ case, brought as a minority stock holders’ suit under the Code, § 22-711, should have been dismissed on general demurrer because it does not affirmatively appear therefrom that the conditions precedent to equitable relief, as required by subsection 5, were complied with. Since no other grounds of the general demurrer are insisted upon by counsel for the plaintiffs in error, the opinion will be limited to a consideration of this attack.

The Code, § 22-711, declares that “A minority stockholder may proceed in…