St. Louis & Sandoval Coal & Mining Co. v. Edwards

Citations

• 103 Ill. 472
• 1882 Ill. LEXIS 203

Syllabus

<p>1. Appeals and writs op error—by one or more of several parties. Under the provisions of the Practice act, any one of two or more parties to a suit, either at law or in equity, may sue out a writ of error to have reviewed the propriety of any final decree or judgment.</p> <p>2. Franchise —whether involved in suit to wind up affairs of a corporation, and to dissolve the same. Where a bill is filed against an insolvent corporation by certain of its stockholders and creditors, making the other stockholders parties, praying that the affairs of the corporation be wound up and the corporation itself dissolved, and its effects placed in the hands of a receiver, and a decree is granted to the same extent, a franchise is involved in the litigation, and a writ of error must be sued out, if at all, by the corporation from this court, and the fact that some of the defendants have perfected an appeal to the Appellate Court, will not deprive this court of jurisdiction of a writ of error brought by the corporation.</p> <p>3. Service op process—on corporation. On a bill by a director of a private corporation and others, stockholders and creditors of the corporation, the only service on the corporation was by leaving a copy of the summons with the complainant director, the return stating that “the president, clerk, secretary, superintendent, general agent, cashier and principal of said company not found.” The bill alleged that the president and all the other directors and officers of the company were non-residents: Held, that the service as to the corporation was void, the director with whom the notice was left being a party complainant in the suit, and, the service being void, advantage might be taken of it on error as well as in the trial court.</p> <p>4. Receiver—whether properly appointed—to take charge of affairs of corporation. On a bill by a portion of the stockholders, a director and creditor of a private corporation, against the corporation and the other stockholders, al