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LAYTON v. BONEY

21837, 21838.

218 Ga. 527 (1962)

128 S.E.2d 741

LAYTON et al. v. BONEY et al. and vice versa.

Supreme Court of Georgia.

Decided December 3, 1962.

Rehearing Denied December 14, 1962.

Attorney(s) appearing for the Case

J. Neely Peacock, Jr., for plaintiff in error.

Smith, Gardner, Kelley & Wiggins, Asa D. Kelley, contra.

DUCKWORTH, Chief Justice.

Compliance with the terms of Code § 22-711 (5) is an indispensable prerequisite to the maintenance of a suit in equity by minority stockholders. Peeples v. Southern Chemical Corp., 194 Ga. 388 (21 S.E.2d 698). This rule has been repeatedly applied and explained by this court, and there is now no excuse for a failure to conform to it. To recite numerous acts of misconduct irrespective of how evil they may be, will in no...

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