Nettles v. McConnell
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samitee B. Browne. Petition by Herbert L. McConnell against the Camors-McConnell Company and P. I). Nettles, as secretary and treasurer thereof, for mandamus to compel respondents to permit petitioner to examine the books of a corporation. From a decree a Avar ding the Avrit, respondents appeal.
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Appeal from Mobile Circuit Court. Heard before Hon. Samitee B. Browne. Petition by Herbert L. McConnell against the Camors-McConnell Company and P. I). Nettles, as secretary and treasurer thereof, for mandamus to compel respondents to permit petitioner to examine the books of a corporation. From a decree a Avar ding the Avrit, respondents appeal. This is a petition for mandamus compelling the company and Nettles, the said secretary and treasurer, to permit an examination of the books, accounts, and vouchers of the said company by the said McConnell for himself and with the aid of an expert…
1Opinion of the CourtHaralson, J.
It is said by Mr. Cook, in his work on Corporations (page 951, § 511), that “the stockholders of a corporation had at common laAv a right to examine at any reasonable time, and for any reasonable purpose, any one or all of the books and records of the *543corporation.” After citing cases, the reason of the rule is stated to he, that- the hooks and papers of the corporation, though of necessity kept in some one hand, are the common property of all the stockholders. The point seems to he clearly decided, in several of the cited cases, that, the stockholders of a corporation may, ivhere the right is…
2Cases cited4 opinions
- Foster v. WhiteSupreme Court of Alabama · 1888
- Commonwealth ex rel. Sellers v. Phœnix Iron Co.Supreme Court of Pennsylvania · 1884
- Cobb v. Lagarde & SonsSupreme Court of Alabama · 1900
- State ex rel. Richardson v. SwiftSuperior Court of Delaware · 1885
3Cited by6 opinions
- State Ex Rel. Watkins v. CassellMissouri Court of Appeals · 1956
- Birmingham News v. State Ex Rel. DunstonSupreme Court of Alabama · 1921
- Burns v. DrennenSupreme Court of Alabama · 1930
- Loveman v. Tutwiler Inv. Co.Supreme Court of Alabama · 1941
- Toklan Royalty Corporation v. TiffanySupreme Court of Oklahoma · 1943
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