122 Ala. 374 | Ala. | 1898
— This cause originated in the chancery court upon the filing of a petition by appellees, who were the owners of all the stock of the Corona Coal & Coke Company, a private corporation organized under general incorporation laws, except one share, which was owned by Davidson, the sole respondent, for the purpose of dissolving the corporation under section 1291 of the
On the day that appellant’s petition was filed a decree was entered, reciting that it appearing that on the 10th day of August last, the parties to this suit filed in this cause an instrument in writing showing the nomination of Bartlett as a suitable person to be appointed receiver by a majority of the stockholders of the Corona Coal & Coke Company, and it further appearing that he was, within the ten days as prescribed in the decree dissolving the corporation, nominated receiver by a majority of the stockholders of said corporation, and adjudging that said nomination so made be ratified and confirmed.
It does not appear that any order or decree was ever made with reference to the petition of appellant, or that he ever made any objection to the appointment or ratification or confirmation of the nomination of Bartlett as receiver. It is true that the record contains several affidavits filed in the cause on the same day the decree last above referred to was entered tending to establish that Bartlett was an unsuitable person to be appointed. But it nowhere appears by whom they are filed, or that they were ever called to the attention of the chancellor; nor
The only other paper filed by appellant in the cause was a petition, filed nearly thirty days after the rendition of the decree confirming Bartlett’s nomination, reciting that as a creditor of the corporation having a lien upon the property of the said corporation for the payment of his claim, he, before the decree appointing Bartlett receiver was made, filed his said claim,and praying an appeal to this court from the order appointing the receiver, and to fix the amount of a supersedeas bond. The chancellor declined to set a bond for a supersedeas. Whether or not appellant could have, by proper petition, intervened and made himself a party to the record for the purpose of contesting the appointment of Bartlett as receiver is not a question presented by this record for our consideration.
It is obvious from what we have stated that he did not do so, and therefore he cannot prosecute an appeal to this court. — Code, 189(5, §42(5; Reese v. Nolan 99 Ala. 203, and authorities therein cited.
It follows that the motion to dismiss this appeal must be granted.
Appeal dismissed.