People v. California Safe Deposit & Trust Co.

This is an appeal from an order denying and dismissing petitioner’s application for an order permitting or instructing the defendant corporation or the petitioner or the receiver of said corporation to enter the petitioner’s name “as a stockholder of record in the stock book of the defendant corporation.”

The facts as shown by the petition may be summarized as follows:

A general and special demurrer was interposed to the petition, and, while there is no showing that the demurrer was directly passed upon, the order denying and dismissing the petition may be regarded as amounting to the same thing— that is, a ruling that the averments of the petition are not sufficient to entitle the petitioner to the relief prayed for.

The effect of the demurrer is, of course, to admit the truth of the allegations of the petition.

The respondent contends, in support of the order appealed from, that there are two reasons which justified the trial court in denying the relief asked for by the petition, viz.: (1) That the appellant was and is not a legal stockholder of the corporation, and (2) that, assuming that he is a legal stockholder, he cannot compel the receiver to enter his name as such…