Cornelius H. Doherty v. The Mutual Warehouse Company

RIVES, Circuit Judge.

The complaint filed by the record owner of 37 out of a total of 150 shares of the capital stock of The Mutual Warehouse Company, an Alabama corporation, sought to enforce the declaration of a reasonable dividend to the stockholders of record and also other relief which need not be considered on this appeal. The district court dismissed the action on the motion of the defendants based on various grounds, which may be briefly 'summarized as follows: (1) that the complaint did not show the plaintiff to be the real party in interest; (2) that all necessary and indispensable…