Legal Opinion

Brent v. B. E. Brister Sawmill Co.

Mississippi Supreme Court

Decided October 15, 1912PublishedCited by 15 opinions

Appeal from the chancery court of Lincoln county. Hon. G. G. Lyell, Chancellor. Suit by R. L. Brent and others, stockholders, against the B. E. Brister Sawmill Company and others, officers, directors, and creditors. From a judgment sustaining a demurrer to the bill, complainants appeal. The facts are fully stated in the opinion of the court. Right of a stockholder to maintain a bill to dissolve the corporation and distribute the assets.

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Appeal from the chancery court of Lincoln county. Hon. G. G. Lyell, Chancellor. Suit by R. L. Brent and others, stockholders, against the B. E. Brister Sawmill Company and others, officers, directors, and creditors. From a judgment sustaining a demurrer to the bill, complainants appeal. The facts are fully stated in the opinion of the court. Right of a stockholder to maintain a bill to dissolve the corporation and distribute the assets. On this one proposition, we call the attention of the'court to Noble v. Gadsen Land & Improvement Co., .133 Ala. 250, 31 So. 586, 91 Am. St. Rep. 27, and…

1Opinion of the CourtReed, J.

This case is before us upon an appeal from the decrees of the chancery court sustaining the demurrers of appellees, B. E. Brister Sawmill Company, Louis Werner ■Sawmill Company, Citizens’ Savings Bank & Trust Company, and Capital National Bank. The question for our *886consideration is whether a court of equity in this state, at the instance of minority stockholders, can appoint a receiver for- a going and solvent corporation and wind up its' affairs.

The following is shown by the original bill and the amendment thereto: The bill is filed by two of the directors and six other stockholders of the…

2Cases cited8 opinions

  1. Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
  2. Exchange Bank of Wewoka v. BaileySupreme Court of Oklahoma · 1911
  3. Ross v. American Banana Co.Supreme Court of Alabama · 1907
  4. Gibbs v. MorganIdaho Supreme Court · 1903
  5. Columbia Nat. Sand Dredging Co. v. Washed Bar Sand Dredging Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1905

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3Cited by15 opinions

  1. Tower Hill-Connellsville Coke Co. of West Virginia v. Piedmont Coal Co.Court of Appeals for the Fourth Circuit · 1933
  2. Henry v. IdeSupreme Court of Alabama · 1922
  3. Drob v. National Memorial Park, Inc.Court of Chancery of Delaware · 1945
  4. Ventress v. WallaceMississippi Supreme Court · 1916
  5. Green v. National Advertising & Amusement Co.Supreme Court of Minnesota · 1917

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