In Re Coll. Hill Land Ass'n of San Diego

HENSHAW, J.

The College Hill Land Association of the city of San Diego was a private corporation, organized for profit. It had a capital stock of two million dollars, divided into twenty thousand' shares of the par value of one hundred dollars each. Eleven thousand seven,hundred and seventy of these shares were issued and outstanding. At a special meeting of the stockholders called for that purpose on February 1, 1908, at which there were present and represented ten thousand six hundred and sixty-seven shares of the capital stock, it was unanimously decided to dissolve the corporation and distribute its assets. In conformity with this resolution the directors of the corporation, on the twenty-fourth day of February, 1908, filed a petition in due form in the superior court of the county of San Diego seeking a decree of dissolution. The court set the hearing for Monday, the sixth day of April, and due notice thereof was given as required by law. On the seventh day of April, Catherine B. Chase and C. W. Chase, appellants herein, claiming to be stockholders of the corporation and owners of about three hundred and forty shares of the stock, filed objections to the dissolution and alleged grave corporate mismanagement on the part of the directors and others connected with the company. The hearing of the petition and the objections thereto were set for the twentieth day of April, 1908. Upon that day the objectors asked for a continuance of thirty days in which to take their own depositions in New York. This request was denied by the court. The matter proceeded to a hearing, and, after evidence taken, a judgment of dissolution was rendered on that date. The court found that the objectors, Catherine B„ Chase and C. W. Chase, were not stockholders of the corporation, and also found against them upon all other material allegations. The court further found that all and singular the allegations and statements in the application for dissolu

[598]

tion were true. The judgment was rendered upon April 20, 1908, and entered April 22, 1908. The appeal was taken October 10, 1908, more than sixty days after entry of judgment. It does not permit a review of the evidence. (Code Civ. Proc., sec. 939;

Ryland v. Heney,

130 Cal. 426, [62 Pac. 616];

Sather Banking Co.