Fox v. Hale & Norcross Silver Mining Co.

Citations

• 108 Cal. 475
• 41 P. 328
• 1895 Cal. LEXIS 876

Syllabus

<p>Corporations—Fraud—Action by Stockholder—Appointment of Receiver by Judgment—Allowance of Attorney’s Fees.—An action by a stockholder to recover moneys of which the corporation was fraudulently deprived is not prosecuted by the stockholder in his own right or for his own exclusive benefit, but is a suit in behalf of the corporation to recover a fund in which others are interested, and a judgment in his favor is for the use and benefit of the corporation, and the appointment of a receiver by the judgment in the action to receive the moneys collected on execution, and directing him to pay to the plaintiff’s attorneys, as compensation for their services, twenty-five per cent of all moneys so collected, and to apportion the fund and pay it over to the parties, according to their respective rights and subject to the direction of the court, is a proper order, and within the power of the court.</p> <p>Id.—Want of Findings as to Attorney’s Fees—Dismissal of Appeal.— The want of findings to support an allowance of attorney’s fees becomes immaterial where the appeal of the corporation from that part of the decree making the allowance is dismissed.</p>