Birmingham News v. State Ex Rel. Dunston
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; R. V. Evans, Judge. Petition by the State of Alabama, on the relation of W. S. Dunston, for mandamus directed to the Birmingham News, a corporation, and its officers, to require an examination of its books and papers. From a judgment granting the writ, respondents appeal.
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Appeal from Circuit Court, Jefferson County ; R. V. Evans, Judge. Petition by the State of Alabama, on the relation of W. S. Dunston, for mandamus directed to the Birmingham News, a corporation, and its officers, to require an examination of its books and papers. From a judgment granting the writ, respondents appeal. The petition alleges the ages, residences, etc., of the parties; that petitioner owns 40 shares of the capital stock of said respondent corporation; that he presented himself at a reasonable and proper time, by and through his agents, auditors, and attorneys, at the place of…
1Opinion of the CourtAnderson, C. J.
[1, 2] Section 3477 provides that:
“The stockholders * * * have the right of access to, and of inspection and examination of, the books, records, and papers of the corporation, at reasonable and proper times.”
This section has been several times considered by this court, and as we understand the rule laid down in the case of Foster v. White, 86 Ala. 467, 6 South. 88, said case being cited and approved in Nettles v. McConnell, 151 Ala. 538, 43 South. 838, Winter v. Baldwin, 89 Ala. 484, 7 South. 734, and Cobb v. Lagarde, 129 Ala. 488, 30 South. 326.
The stockholder has the right to examine the…
2Cases cited6 opinions
- Brewer v. WatsonSupreme Court of Alabama · 1882
- Foster v. WhiteSupreme Court of Alabama · 1888
- McCoy v. Harrell, Nichols & Co.Supreme Court of Alabama · 1866
- Cobb v. Lagarde & SonsSupreme Court of Alabama · 1900
- Nettles v. McConnellSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Board of Education of Jefferson County v. StateSupreme Court of Alabama · 1930
- Bank of Heflin v. MilesSupreme Court of Alabama · 1975
- Smith v. FlynnSupreme Court of Alabama · 1963
- Burns v. DrennenSupreme Court of Alabama · 1930
- Loveman v. Tutwiler Inv. Co.Supreme Court of Alabama · 1941
3 more not listed; retrieve them via the Exa API.