Volume 21 — Ohio Circuit Court Reports, New Series

<p>DISSOLUTION OF CORPORATIONS.</p> <p>Corporations — Dissolution of a Public Utility Company — May be Decreed if for the Best Interest of the Stockholders and Not Injurious to the Public Interest — Question Largely One of Fact — Full Investigation Required to Reach a Determination.</p> <p>1. Under favor of Section 11938 of the General Code of Ohio, a corporation may be dissolved: “When a majority of the directors, trustees or other officers having the management of the concerns of a corporation, or stockholders representing not less than one-third of the capital stock of a corporation, organized under the laws of this state, discover that the stock, property and effects of the corporation have been so far reduced, by losses, or otherwise, that it would not be able to pay all just demands for which it is liable, or to afford a reasonable security to those who deal with it, or deem it beneficial to the interests of the stockholders that the corporation be dissolved; or when such directors, trustees, or other officers are authorized by a majority of the stockholders to apply for a judgment as hereinbefore provided, or when the objects of the corporation have wholly failed, or are entirely abandoned, or their accomplishment is inpracticable, they may apply by petition to the common pleas court in which the principal place of conducting the business of the corporation is situated for its dissolution pursuant to the provisions of this chapter.”</p> <p>2. Under Section 11943, General Code of Ohio, it. is provided: “When report is made, if it appears to the court that the corporation is insolvent or that its dissolution will be beneficial .to the stockholders and not injurious to the public interest or that the objects of the corporation have wholly failed or been entirely abandoned, or that it is impracticable to accomplish such objects, a judgment shall be entered dissolving the .corporation and appointing one or more receivers of its estate and effects. The corporation thereupon shall be dissolved.”</p>

<p>DETERMINATION AS TO BENEFICIARIES.</p> <p>Death by "Wrongful Act — "Who are Beneficiaries "When Wrongful Act Occurs in Another State — Statutory Construction.</p> <p>1. Where an administrator, appointed by an Ohio court to administer the estate of a citizen of Ohio, recovers damages for the wrongful death of his decedent which occurred in another state, the beneficiaries to such fund are determined by Section 6135, Revised Statutes of Ohio, and not by the laws of the state where the act which caused the wrongful death occurred.</p> <p>2. Where the Legislature in the enactment of a law states that it is to supplement a certain statute, it thereby becomes a part of that statute, even though separately numbered, and another previously enacted law applying to cases arising under the original statute applies also to. cases arising under the supplementary section as well.</p>

<p>APPEAL BOND WHERE TIME FOR. FILING FALLS ON SUNDAY.</p> <p>Appeals from Justice Courts — When to be Perfected.</p> <p>Section 4951, Revised Statutes, does not apply to practice in justices’ courts, and where the date upon which an appeal bond may be filed falls upon Sunday it can not be filed on the following day.</p>

<p>THE NEW CONSTITUTIONAL PROVISION ABOLISHING APPEAL.</p> <p>Appeal Under the Amended Constitution — Not Allowable in an Alimony Case. ,</p> <p>Under the provision of Section 6 of Article IV of tbe Amended Constitution a decree relating to alimony is not appealable.</p>