· 3/25/1899

Braslan v. Superior Court

Citations

  • 124 Cal. 123
  • 56 P. 792
  • 1899 Cal. LEXIS 955

Syllabus

<p>Insolvent Savings Bank—Jurisdiction of Superior Court—Appointment of Directors.—The superior court has a very extensive jurisdiction over an insolvent savings bank, during the whole progress of its liquidation, and it may, upon petition showing vacancies in the board of directors, appoint directors to fill such vacancies.</p> <p>Id.—Resignation of Directors—Appointment of Full Board—Submission upon Pleadings—Certiorari.—Where a full board was appointed by the court, under a supplemental petition alleging that all the directors had resigned, and that there were no directors, to which an answer had been filed which took no direct issue upon the allegation of the petition, hut alleged that a person named had been appointed to fill the vacancy caused by the resignation of one of the directors, and the matter was submitted to the court upon the pleadings, without proof of the appointment of such person, the order appointing a full hoard cannot he annulled upon certiorari, upon his petition, for want of a showing that special notice of the proceeding was given to him.</p>

Judges: Beatty, Garoutte, McFarland

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