Viguerie v. Mrs. E. D. Burguieres Planting Co.

Citations

• 121 La. 97
• 46 So. 114
• 1908 La. LEXIS 640

Syllabus

<p>1. Evidence — Judicial Admissions — Pleading — No Admission.</p> <p>There was no judicial admission by defendant.</p> <p>The answer containing the alleged admission controverted another issue raised by the supplemental and amended petition of plaintiff.</p> <p>In leaving the sphere of the same cause, parties left behind all questions of judicial admission.</p> <p>2. Corporations — Receivers — Proceedings eor Appointment — Burden oe Prooe — Party Asserting Pact — Matter oe Evidence.</p> <p>Whether plaintiff was or was not a stockholder of the corporation for which he sued to have a receiver appointed is a question of proof.</p> <p>3. Same — Charter Provisions — The Charter.</p> <p>The provisions of the charter were, among others, the shares subscribed for were to be paid in 30 days. The directors and other officers under the terms of the charter, must own shares. They owned none except one of the officers.</p> <p>All except one failed to pay in accordance with their subscription. They consented to the transfer of all stock, and kept none of the stock for 'themselves.</p> <p>4. Same — Issues—Parties—The Stockholders.</p> <p>The right of those who bought the shares, whatever it may be, cannot be decided in this case, for they are not parties.</p> <p>5. Same — Persons Entitled to Petition eor —No Right to- Stand in Judgment.</p> <p>To maintain an action for the appointment of a receiver, the petitioner must be a stockholder or creditor. In this case, it does not appear that plaintiff is either.</p> <p>6. Husband and Wiee — Judgment—Interest oe the Wiee.</p> <p>In a suit by the husband in pursuit of his own interest, he cannot change the issues to the end of sustaining the action in the name of his wife.</p> <p>Whatever necessity there may be for the appointment of a receiver, the court is constrained to decline to make the appointment until it appears that petitioner is a stockholder or creditor. The -mere fact of being an officer will not suffice; it not appearing b