Neall v. Hill
California Supreme Court
Appeal from the Eleventh District. Plaintiff, a stockholder in the Gold Hill and Bear River Water Company, a corporation under the laws of this State, filed his hill against the corporation, and Hill, Smith, Devane, and Lassiter, also stockholders, averring that defendant Hill is president, treasurer and superintendent of the company; that defendant Smith is secretary, and that these four, with another, owned a majority of the stock of the company, and procured themselves to…
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Appeal from the Eleventh District. Plaintiff, a stockholder in the Gold Hill and Bear River Water Company, a corporation under the laws of this State, filed his hill against the corporation, and Hill, Smith, Devane, and Lassiter, also stockholders, averring that defendant Hill is president, treasurer and superintendent of the company; that defendant Smith is secretary, and that these four, with another, owned a majority of the stock of the company, and procured themselves to be elected trustees of the coiporation; that this was in violation of the by-laws, which prohibited the treasurer and…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
A motion is made in this case to dismiss the appeal, upon the ground that the judgment appealed from is not final. There is no foundation for this motion. The fact that the judgment provides for the taking of *148an account, does not destroy its effect as a final adjudication of the rights of the parties. It terminated the entire controversy in the Court below upon the merits. Every matter in issue was settled by it, and. we are unable to see that anything is wanting to render it a final judgment within the meaning of the statute. Our opinion is, that the…
2Cited by38 opinions
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- La Société Française D'Epargnes et de Prévoyance Mutuelle v. Dist. Court of the Fifteenth Judicial Dist.California Supreme Court · 1879
- Elliott v. Superior Court of Cal.California Supreme Court · 1914
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
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