Home Mining Co. v. McKibben

The opinion of the court was delivered by

Doster, C. J. :

This was a motion by certain stockholders of the plaintiff in error, the Home Mining Company, a corporation, to set aside a sale of the corporate property. The defendants in error had recovered a judgment against the corporation and had levied upon and appraised and sold some of its real property. The corporation itself made no resistance to the sale proceedings, but several of its stockholders presented to the court the following motion to set aside the sale :

“ On this day come John Volz, James Foley, C. S. Hartough, and other…