Smith v. Flynn

HARWOOD, Justice.

This is an appeal from rulings by the lower court sustaining the defendant’s demurrer to plaintiff’s complaint, and granting the defendant’s motion to stay the taking of pre-trial discovery depositions. Following such rulings, the plaintiff took a nonsuit with leave to appeal.

The basis of the proceedings below was the refusal of the defendant to permit the plaintiff, a stockholder, to examine the corporate records of the Alabama Dry Dock and Shipbuilding Company, Inc.

Hereinafter, for convenience, the appellant, who was plaintiff below, will be referred to as the plaintiff,…