Richards

A motion was made herein to dismiss the appeals or affirm the judgment on the ground that the grounds of the appeals are unsubstantial and that the appeals were taken only for purposes of delay.

The plaintiffs are stockholders of the defendant, which was a mining corporation organized under the laws of the state of Nevada. The complaint shows that the defendant qualified to do business in California in 1906 and surrendered its right to do business here in 1915. During the intervening period it acquired certain mining properties in Humboldt County in this state. In October, 1934, the sheriff of that county sold said lands under execution levied under a default judgment for over $500,000 obtained against the corporation in an action on certain promissory notes alleged to have been executed by it. The present action was filed by the plaintiffs on August 19, 1935, to obtain a partition of said lands among the stockholders and for the appointment of a receiver. Such a receiver was appointed by the court on the plaintiffs’ ex parte application on August 20, 1935. On December 16, 1935, the court entered its order discharging the receiver, reserving to the plaintiffs the right to renew…