State v. Jefferson Iron Co.

Citations

• 60 Tex. 312
• 1883 Tex. LEXIS 327

Syllabus

<p>1, Pleading — Corporation.— In a proceeding to dissolve a private corporation, no citation was prayed for, and there was no service on the individual who was alleged to have been the last president and manager of the corporation; nor was any appearance entered for him. It appeared from the information that by a means, and for a purpose, not disclosed, the affairs of the corporation were in the hands of a receiver, who, though not distinctly averred to have been cited or served, was the only party who appeared and answered the information. In the information itself, the legal conclusions of the pleader were substituted in some particulars for facts which should have been specifically set forth. Held, that a final judgment dismissing the proceedings at the cost of the relator was proper.</p> <p>3. Attorney.— An attorney of a court may be heard, or not, as amicus curios, in the discretion of the court, concerning a proceeding in which he is not counsel.</p> <p>3. Attorney.—Though voluntary advice to the court from an attorney not connected with the proceeding is permissible, yet the court can only do that which it could do without such action of counsel.</p>