Garig v. Truth Printing & Pub. Co.

Citations

• 123 La. 895
• 49 So. 632
• 1909 La. LEXIS 799

Syllabus

<p>1. Review on Appeal.</p> <p>The only question submitted to the Supreme Court for decision is who should be appointed receiver of the defendant company.</p> <p>2. Appointment op Receiver.</p> <p>Appellants, urging that, as constituting a majority of the stockholders, they were entitled to designate the receiver, recommended a particular person for that position. The district court, in appointing the receiver, did not follow this recommendation.</p> <p>3. Corporations (§ 195*) — Management — Rights op Stockholders.</p> <p>In a contest among stockholders of a corporation over the management of its affairs, its corporate, charter is the law under which they must proceed, and the majority must control; and such control will not be interfered with by the courts, unless the majority does something it has no right to do. Dreifus v. Colonial Bank, 123 La. 61, 48 South. 649.</p> <p>[Ed. Note. — For other cases, see Corporations, Dec. Dig. § 195.*]</p> <p>4. Appeal and Error (§ 594*) — Review — Transcript.</p> <p>Judgments of the district courts are presumably correct. Appellant, seeking relief from the same, should present to the Supreme Court on appeal a transcript through which error is shown. The transcript in this case is totally defective for that purpose.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Dec. Dig. § 594.*]</p> <p>(Syllabus by the Court.)</p>