84 P. 908 | Ariz. | 1906
A. L. Henshaw and others, representing themselves to be minority shareholders of the Salt River Valley Canal Company, brought suit against that company, the Arizona Water Company, and the Grand, Maricopa, Mesa, and Utah canal companies, corporations, to obtain certain equitable relief. The defendants, answering separately, demurred to the complaint, setting up by their demurrers several statutes of limitations, misjoinder of parties plaintiff, misjoinder of parties defendant, misjoinder of causes of action, and that the complaint does not state facts sufficient to constitute a cause of action. The objection as to the misjoinder of parties and causes of action is effectually disposed of by a former decision of this court in this same case. Henshaw v. Salt River Valley Canal Co., 6 Ariz. 151, 54 Pac. 577. The com-’ plaint has been amended since it was formerly before this court by eliminating that cause of action wherein the plaintiffs as appropriators and beneficial users of water sought relief without reference to their relation to the Salt River Valley Canal Company as shareholders. The plaintiffs now complain solely in their capacity as shareholders in that company.
Matters in considerable variety and in some confusion are set up in the complaint, most of which still stand as they were summarized in the former opinion of the court, cited, supra. Stating the substance of the complaint in the briefest possible manner, it is that the plaintiffs are owners of shares of stock of the Salt River Valley Canal Company; that this company was organized to divert and convey water from Salt River to shareholders for beneficial use upon lands owned by such shareholders; that the Arizona Water Company owns the
Appellees contend that it is shown upon the face of the complaint that this agreement was entered into by the defendants so long ago that the periods prescribed by the various statutes of limitation set up in the demurrer have elapsed; moreover, that the various wrongs complained of by plaintiffs have been continuously perpetrated for a period longer than that prescribed by any of these statutes. Assuming, without determining, that this contention is well founded,, it becomes necessary to determine whether the plaintiffs are deprived of remedy by interposition of the bar of any or all of these statutes. There is nothing in the complaint to disclose that any person, natural or artificial, has acquired ad
From the statement made it is manifest that the complaint is not obnoxious to general demurrer on behalf of the Salt River Valley Canal Company or the Arizona Water Company. The agreement set up in the complaint and alleged to be in operation among all the defendants is sufficient to show that the Grand, Maricopa, Mesa, and-Utah canal companies have an interest in the continuance of at least a portion of the wrongful acts complained of, and therefore that they may properly be brought into this suit as parties defendant. See 4 Thompson on Corporations, secs. 4585, 4586.
For these reasons, the demurrers should not have been sustained, and the judgment of the district court was erroneous.
The judgment is reversed and the case remanded to the district court for further proceedings.