Johns v. McLester
Supreme Court of Alabama
Appeal froto the Chancery Court of Jefferson. Heard before the Hon. J. C. Carmichael. ' The hill in this case was filed by the appellees, Nannie S. McLester and three other person on behalf of themselves and such others of the stockholders of the Woodlawn Cemetery Company as would make them party to the suit and share the expensese thereof, against L. W. Johns and the Woodlawn Cemetery Company.
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Appeal froto the Chancery Court of Jefferson. Heard before the Hon. J. C. Carmichael. ' The hill in this case was filed by the appellees, Nannie S. McLester and three other person on behalf of themselves and such others of the stockholders of the Woodlawn Cemetery Company as would make them party to the suit and share the expensese thereof, against L. W. Johns and the Woodlawn Cemetery Company. It was averred in the bill that the complainants were. bona fide stockholders of the Woodlawn Cemetery Company, a corporation organized under the laws of the State of Alabama; that on April 10, 1895,…
1Opinion of the CourtTyson, J.
It cannot be doubted that the alleged wrongs complained of in the bill in this cause, if cognizable at all, are such as could have been righted upon the complaint of the corporation, in which the complainants are stockholders. Tn other words, the purpose of this bill is to redress certain alleged injuries done the corporation,' which are charged to be damaging to the rights of the complainants as stockholders.
*290It is thoroughly well settled in this State that before a minority stockholder, or any number of them, can maintain a bill of this sort, he or they must make demand upon the managing…
2Cases cited1 opinion
- Montgomery Light Co. v. LaheySupreme Court of Alabama · 1898
3Cited by7 opinions
- Voorhees v. MasonIllinois Supreme Court · 1910
- Howze v. HarrisonSupreme Court of Alabama · 1910
- Ross v. American Banana Co.Supreme Court of Alabama · 1907
- AMERICAN LIFE INSURANCE COMPANY v. PowellSupreme Court of Alabama · 1954
- Brannan v. KelleyIndiana Court of Appeals · 1925
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