Wenar v. Leon L. Schwartz, Ltd.

Citations

• 116 La. 151
• 40 So. 599
• 1906 La. LEXIS 480

Syllabus

<p>1. Mandamus — When Lies — Remedy by Appeal—Refusal to Grant.</p> <p>Where the affairs of a business corporation are placed in the hands of a receiver, to be administered and returned to the stockholders, •or liquidated, as circumstances may warrant, a judgment ordering the sale, in bulk, at public auction, of all the assets of the corporation, including the lease of its place of business, though interlocutory, in the sense that it is ancillary to the final judgment of distribution and discharge to be thereafter, rendered, is definitive, in the sense that, quoad the particular issues involved and the prospective results of its execution, it cannot be, effectively, reviewed upon an appeal from such final judgment; and hence, considering the character of those issues and results, it may, if erroneous, work irreparable injury to a creditor or stockholder by whom its rendition is opposed, and who has, therefore, the right to an appeal, which right, if denied, will be enforced by mandamus.</p> <p>[Ed. Note.—Eor cases in point, see vol. 2, Cent. Dig. Appeal and Error, §§ 399, 401, 686; vol. 33, Cent. Dig. Mandamus, § 115.]</p> <p>2. Appeal — When Lies — Irreparable Injury.</p> <p>Where the application of the receiver of a business corporation, to be authorized to sell, in bulk, all the assets, including a large stock of goods, and the unexpired term of a lease having several years to run, is opposed by a creditor and stockholder, on the ground that the property should be sold, in lots, a judgment ordering the sale to be made, in bulk, may work irreparable injury and is appealable.</p> <p>3. Same—Objections Below—Waiver.</p> <p>The facts, that the counsel for one opponent co-operates with the counsel for other opponents in the trial of their respective oppositions to the application, by the receiver, to sell the property of the corporation ; that such counsel offers neither evidence nor argument in support of one of the grounds of opposition; that he remains silent when