Shenandoah Valley Railroad v. Griffith

Citations

• 76 Va. 913
• 1882 Va. LEXIS 93

Syllabus

<p>1. Railroads—Unpaid subscriptions—Liens on stock—Construction of statute.—Code 1873, ch. 57, gives a railroad company no lien on paid-up shares to secure payment of unpaid subscriptions for other shares; and the sale of such paid-up shares for such purpose by the company, is unauthorized by the statute, and is a nullity.</p> <p>2. Idem—Stock—Attachment.—The shares of a stockholder in a railroad company are liable to attachment; and by virtue thereof, the attaching creditor acquires a claim superior to that of a subsequent bona fide purchaser of those shares for value without notice of the attachment. C. & O. R. R. Co. v. Paine & Co., 29 Gratt.</p> <p>3. Idem—Return—Appellate court.—An objection to a defective return of the service of process, made here for the first time, is too late.</p> <p>Quiere : Can process against a corporation be served on the appropriate officer thereof according to Code 1873, ch. 166, § 6, and ch. 163, § 1; that is, not only on that officer, in propria persona, but on his wife, or any member of his family, as a summons or notice may be served.</p> <p>4. Practice in Chancery—Amended bill—Departure—Demurrer—Case here.—G attaches the shares of the S V R Co. stock, owned by the C I Co. Later, G files an amended bill for himself and other creditors of the C I Co., averring that as a corporation it had been dissolved by the sale of its franchises under execution, and that first mortgage bonds of the S V R Co. had been assigned to the C I Co., and by it transferred to the P R Co., and praying that the latter company be made a party and required to disclose what amount of said bonds it, held, how and from whom they were acquired, and to maintain or relinquish its claim to those bonds. Afterwards those creditors also filed a petition alleging that the C I Co. had been dissolved by reason of its insolvency and the sale of its charter rights under executions, and claiming that the assets of that company be subjected to the payment pro Jota of the c