Legal Opinion

Cobb v. Lagarde & Sons

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 14 opinions

Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. A petition was filed by the appellants, Ernest Lagarde & Hons, to the judge of the' city court of’ Anniston, in' which they asked the issuance of a writ of mandamus directed to It.

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Appeal from the City Court of Anniston. Tried before the Hon. James W. Lapsley. A petition was filed by the appellants, Ernest Lagarde & Hons, to the judge of the' city court of’ Anniston, in' which they asked the issuance of a writ of mandamus directed to It. H. Cobb, as president and general manager of the Anniston Lime & 'Stone Company, requiring him to permit an inspection of the books, record and papers of the corporation by the petitioners in person and by an 'expert accountant. The petitioners, averred that they were in partnership, and as such partnership owned 54-£ shares of the…

1Opinion of the CourtDowdell, J.

The common law right of a stockholder in a private corporation to examine the books of the company has been materially enlarged and extended by our statute.—Code of 1896, § 1274. In Foster v. White, 86 Ala. 467, this statute received consideration by this court, and it was there held that the statute secures to the stockholder the general right to examine the books at any and all reasonable times, and it was further held that when this right was claimed and refused, he is entitled to a mandamus on the averments that he is a stockholder- of the corporation, that he has demanded the right of…

2Cases cited3 opinions

  1. Foster v. WhiteSupreme Court of Alabama · 1888
  2. State ex rel. Bergenthal v. BergenthalWisconsin Supreme Court · 1888
  3. Winter v. BaldwinSupreme Court of Alabama · 1889

3Cited by14 opinions

  1. Moore v. Rock Creek Oil Corp.Texas Commission of Appeals · 1933
  2. Kuhbach v. Irving Cut Glass Co.Supreme Court of Pennsylvania · 1908
  3. Hagy v. Premier Manufacturing Corp.Supreme Court of Pennsylvania · 1961
  4. State ex rel. McClure v. Malleable Iron Range Co.Wisconsin Supreme Court · 1922
  5. State Ex Rel. Watkins v. CassellMissouri Court of Appeals · 1956

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