Saxon v. Southwestern Brick & Tile Mfg. Co.

Citations

• 113 La. 637
• 37 So. 540
• 1904 La. LEXIS 684

Syllabus

<p>APPEAL — DISMISSAL — CORPORATIONS—RECEIVES —APPOINTMENT—PLEADING.</p> <p>1. Motion to dismiss comes too late if filed more than three days after the filing of the transcript.</p> <p>On the Merits.</p> <p>2. Under paragraph 8, § 1, Act No. 159, p. 313, Acts 1898, providing for the appointment, of receivers over corporations, the- plaintiff should set forth his demand as in ordinary suits. A mere allegation that petitioner is a “creditor” is not sufficient. The appointment of a receiver is ancillary to the suit.</p> <p>3. Under said paragraph, the resolution of the board of directors furnishes evidence that the corporation “is unable to meet its obligations as they mature, and that a receiver is necessary to preserve and administer its assets for the benefit of all concerned.” A resolution that “a receiver be appointed” does not conform to the requirements of the statute. •</p> <p>4. The president of a corporation has no au- ' thority, as such, to consent to the appointment</p> <p>of a receiver, and to waive legal notices and delays.</p> <p>(Syllabus by the Court.)</p>