Hutchins

Appellant, a citizen of Texas, filed a stockholder’s bill in equity against the ap-pellee insurance companies, both of which are California corporations, and their directors. Samuel L. Carpenter, Jr., dnsur-auce commissioner of the State of California, was also named as a defendant.

On motion of appellees the trial court ordered a dismissal. Appellant thereupon moved for leave to amend, attaching to her motion a proposed amended bill. Leave was denied and a formal order of dismissal entered on the ground of the “failure of said bill to state facts warranting this court to assume jurisdiction of the subject matter thereof.”

In substance, the allegations of the original bill are as follows: In 1935 Carpenter was appointed insurance commissioner of the State of California, and his appointment confirmed by the Senate, but he was at the time ineligible to the office and is an interloper without authority. The grounds of the asserted ineligibility are set out. Carpenter, purporting to act as such insurance commissioner, on July 22,' 1936, filed an action in the Superior Court of the State of California for Los Angeles County, asking that he be appointed conservator of the Pacific…