Blackman v. Central Railroad & Banking Co.
Supreme Court of Georgia
Corporations. Stockholders. Pleadings. Before Judge Ividdoo. Muscogee Superior Court. November Term, 1876. Homer Blackman and other stockholders in the Mobile and Girard Railroad Company, petitioned the court to be allowed to file certain pleas to an action commenced by the Central Railroad and Banking Company , against said Mobile and Girard 'Railroad Company for $116,953.52. • They showed that said suit was entirely undefended, and that judgment would he obtained therein…
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Corporations. Stockholders. Pleadings. Before Judge Ividdoo. Muscogee Superior Court. November Term, 1876. Homer Blackman and other stockholders in the Mobile and Girard Railroad Company, petitioned the court to be allowed to file certain pleas to an action commenced by the Central Railroad and Banking Company , against said Mobile and Girard 'Railroad Company for $116,953.52. • They showed that said suit was entirely undefended, and that judgment would he obtained therein at the present term, unless pleas were filed; that "William M. Wadleywas president of the plaintiff and the defendant;…
1Opinion of the Court
Bleckley, Judge.
Except in eases expressly provided for by the Code (section 3374) stockholders cannot plead or defend for the corporation. That the action is groundless and collusive, and that, from motives of fraud or favor on' the part of the officers, the corporation fails or refuses to defend, will make no difference. The stockholders may protéet all their rights by instituting a proper action of their own. In conducting suits, due regard must be had to the distinction between parties and those who are not parties. A corporation is a separate person from any or all of the stockholders.…
2Cases cited1 opinion
- National Bank v. Southern Porcelain Manufacturing Co.Supreme Court of Georgia · 1875
3Cited by8 opinions
- Wilson v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1891
- Wheatley v. GloverSupreme Court of Georgia · 1906
- Lackawanna Coal & Iron Co v. BatesU.S. Circuit Court for the District of Western Missouri · 1893
- Hearn v. ClareSupreme Court of Georgia · 1908
- Henry v. ElderSupreme Court of Georgia · 1879
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