Stahn v. Catawba Mills
Supreme Court of South Carolina
Before Atdrich, J., Chester, July, 1897. Action by E. C. Stahn on behalf of himself and other stockholders of Catawba Mills v. Catawba Mills, D. A. Tompkins, R. M. Miller, jr., J. M. Smyley, Joseph Wylie, J. R. Agurs, and S. B. Rathan, directors of Catawba Mills and Chester Mills. From judgment overruling demurrer, defendants appeal.
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Before Atdrich, J., Chester, July, 1897. Action by E. C. Stahn on behalf of himself and other stockholders of Catawba Mills v. Catawba Mills, D. A. Tompkins, R. M. Miller, jr., J. M. Smyley, Joseph Wylie, J. R. Agurs, and S. B. Rathan, directors of Catawba Mills and Chester Mills. From judgment overruling demurrer, defendants appeal. So much of the Circuit decree as follows may be necessary to further elucidate the questions involved: We will now pass to the next branch of this question, admitting that a case exists against the' defendants, does the complaint show that this plaintiff has the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This appeal comes up from an order overruling a demurrer to the complaint with leave to answer. The complaint is by a stockholder in the Catawba Mills, a manufacturing corporation, against said corporation, its directors and others, seeking redress for alleged mismanagement and misappropriation of the corporate property. The grounds of demurrer may be stated to be substantially: (1) That the complaint does not state facts sufficient to constitute a cause of action, in that it does not appear that the Catawba Mills or its officers have…
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