Whitcomb v. Giannini
California Court of Appeal
APPEAL from a judgment of the Superior Court of Tulare County, and from an order denying a new trial. W. B. Wallace, Judge. Appeal from order denying new trial dismissed. Judgment reversed. The facts are stated in the opinion of the court.
1Opinion of the CourtJames, J.
This action was brought to recover ten shares of corporate stock, or the value thereof, which plaintiff alleged had been illegally made the subject of a sale for a delinquent assessment. Plaintiff had judgment, from which the defendants appeal. [1] There was also an appeal attempted to be taken from an order denying to defendants a new trial; but as that order was not appealable, the appeal therefrom should be dismissed.
The contentions of the plaintiff,, which were upheld by the trial court, were, first, that the meeting of the directors at which the assessment was levied was not legally…
2Cases cited2 opinions
- Seal of Gold Mining Co. v. SlaterCalifornia Supreme Court · 1911
- Sferlazzo v. OliphantCalifornia Court of Appeal · 1914
3Cited by2 opinions
- Richman v. Bank of PerrisCalifornia Court of Appeal · 1929
- Birdville Independent School Dist. v. DeenCourt of Appeals of Texas · 1940