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ADAMS v. SMITH

1 Div. 897.

153 So.2d 221 (1963)

M. S. ADAMS et al. v. Harry H. SMITH.

Supreme Court of Alabama.

May 9, 1963.

Attorney(s) appearing for the Case

C. B. Arendall, Jr., and W. C. Boone, Jr., Hand, Arendall, Bedsole, Greaves & Johnston, Gessner T. McCorvey, McCorvey, Turner, Johnstone, Adams & May, Mobile, for appellant corporation and directors.

T. E. Twitty, Inge, Twitty & Duffy, Mobile, for appellant widows.

Harry H. Smith and Robt. T. Cunningham, Mobile, for appellee.

COLEMAN, Justice.

This is an appeal by respondents from a decree overruling demurrers to the bill of complaint which was filed by a minority stockholder on behalf of a corporation. The appeal was taken prior to amendment of § 755, Title 7, Code 1940, by Act No. 72, 1961 Acts, page 1947.

The averments of the bill are to effect that the directors have adopted resolutions to pay certain sums of the moneys of the...

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