People ex rel. Adams v. Goss & Phillips Manufacturing Co.

Citations

• 99 Ill. 355
• 2 Colo. L. Rep. 116
• 1881 Ill. LEXIS 181

Syllabus

<p>1. Stockholder’s shares — sale on execution. The secretary of a private corporation is a proper officer of the company with whom to leave a copy of an execution by a sheriff, in order to effect a levy upon the shares of a stockholder in the company. The word “ clerk,” in the statute, means the officer having the custody of the books and records of the company, and the word “secretary” is but another name for the same officer.</p> <p>2. Same — who to certify to copy of execution, in order to make levy on shares of stock. The statute requiring an attested copy of an execution to be delivered to the clerk, etc., of a corporation, as a prerequisite to a levy upon the shares of stock held by the defendant in execution in the corporation, does not require the clerk of t.he court to verify such copy, and attest it by the seal of the court. The sheriff holding the execution may properly certify to the correctness of the copy.</p> <p>3. Same — verification of copy of execution. A copy of an execution directed to the sheriff of a certain county, delivered by him to the clerk of a corporation, having indorsed upon it the words: “ the within is a true copy of the execution and fee bill in my hands, under which I have seized the shares of stock of the within named defendant,” etc., but not signed by the sheriff, is officially verified or attested, within the requirement of the statute relating to levy on shares of stock in corporations. The language identifies the maker of the indorsement.</p> <p>4. Same — duly to transfer stock sold on execution to purchaser. The purchaser of stock in a corporation, at sheriff’s sale, has a right, under the statute, on leaving with the officer of the corporation whose duty it is to record transfers of shares, within fifteen days after the sale, an attested copy of the execution and of the return thereon, to have the corporation consent to hold possession of the stock for him, and to have his title made manifest by the necessary transfer upon