People ex rel. Allen v. Hill

Citations

• 16 Cal. 113
• 1860 Cal. LEXIS 181

Syllabus

<p>On the rendition of a special verdict the trial is terminated, and notice of motion for new trial must be given within two days thereafter, or the proceedings based upon such notice will be disregarded.</p> <p>A special verdict settles the facts, and the Court, by its judgment, pronounces the conclusions of law upon the facts found. If the Court errs in this respect, the error may be reviewed without any motion for new trial; but the right to correct the verdict does not depend upon the judgment, and the steps necessary for that purpose must be taken within the statutory time.</p> <p>Peabody v. Phelps (9 Cal. 213) commented on.</p> <p>A surviving partner lias, under the statute of May, 1850, regulating the settlement the estates of deceased persons, sec. 198, the exclusive right of possession,/ and the absolute power of disposition of the assets of the partnership.</p> <p>A surviving partner has a right to vote, at an election for officers of a corporation formed under the general incorporation Act of this State of 1853, the stock in his hands as assets of the partnership—the business of the firm being unsettled.</p> <p>The fact that a portion of the stock voted by such surviving partner stood upon the books of the corporation, at the time of the election, in the name of the deceased partner alone, does not affect the right to vote, if in fact the stock belonged to the partnership.</p> <p>Semble upon principle, that the real owner of stock in such corporations is entitled to represent it at the meetings of the corporation, and the mere fact that he does not appear as the owner upon the books of the company, should not absolutely exclude him from the privilege of so doing.</p> <p>The New York cases, establishing a different doctrine, are based upon a statute making the books of the corporation the only evidence as to ownership of the stock.</p>