Semple v. Frisco Land Co.

Citations

• 124 La. 663
• 50 So. 619
• 1909 La. LEXIS 521

Syllabus

<p>1. Appeal and Error (§ 361*) — Appointment of Receiver — Appeal — Affidavit — Construction of Statute.</p> <p>Act No. 159, p. 314, of 1898, § 4, providing that any person, who by affidavit appears to be interested, upon giving bond, may appeal on the face of the record from an order appointing or refusing to appoint a receiver of a corporation, under the act, does not apply to the parties to a suit for the appointment of a receiver; and, where the appeal is by one of them, no affidavit is necessary.</p> <p>2. -Corporations (§ 553*) — Receiver.</p> <p>Where heirs by compromise agreed to divide the successions of their parents among them according to a settlement to be worked out through a corporation to be organized, the settlement to be determined by a specified person, and the heirs to abide by his decision, if errors in the settlement proposed by him are so gross and palpable as to amount to fraud, the proper remedy would be the judicial adjustment of the accounts, and not the appointment of a receiver for the corporation.</p> <p>3. Corporations (§ 310*) — Officers — Residence.</p> <p>The law does not require the president of a private corporation to reside in the parish of its domicile, nor does it forbid him from administering its affairs through agents or clerks.</p> <p>4. Corporations (§ 553*) — Appointment of Receiver — Failure to Keep Minutes.</p> <p>The failure of a secretary of a corporation to properly keep the minutes, while it might be ground for not re-electing him, would not be ground for appointing a receiver, especially in the absence of any suggestion of loss having resulted therefrom.</p> <p>5. Corporations (§ 553*) — Appointment of Receiver — Grounds — Irregularities of Secretary.</p> <p>The president and secretary, both directors of a corporation, favored a sale pf timber on the corporation’s land, and the third director opposed it. At the meeting at which the matter was considered, only the secretary and the third director were present, and