Trinkle v. Garden City Land & Immigration Co.

The opinion of the court was delivered by

Porter, J.:

The appeal is from an order granting a peremptory writ of mandamus directing appellant to transfer on its stock books and deliver to the appellee one share of its capital stock purchased by the appellee at a sale under an execution against B. M. McCue.

The contention is that the statutory provisions for the sale under execution of a stockholder’s interest in a corporation were not complied with, and that the court from which the ■execution issued exceeded its authority in permitting an amendment to the sheriff’s return on the execution. The…