Milhahn v. Whiteway Oil Co.

Full title: William Milhahn et al., Appellants, v. Whiteway Oil Company et al.…

Court: Appellate Court of Illinois

Date published: Jan 26, 1948

333 Ill. App. 328 (Ill. App. Ct. 1948)

77 N.E.2d 428

Opinion

Term No. 4706. (Abstract of Decision.)

Opinion filed January 26, 1948 Released for publication February 26, 1948

APPEAL AND ERROR, § 92^_ — suit by stockholders for accounting and other relief. In stockholders' suit for accounting, discovery, appointment of receiver, and incidental relief, because of alleged mismanagement, where trial court heard and saw witnesses and found against stockholders, court on appeal would not disturb such finding unless it was of opinion that finding was manifestly and palpably wrong.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Wayne county; the Hon. CASWELL J. CRESS, Judge, presiding.

Affirmed. Heard in this court at the October term, 1947.

J.W. Templeman and Erma Templeman, for appellants;

John R. Morrow, of counsel;

Kern Pearce, and Mills, Umfleet Mayberry, for appellees.

Opinion by PRESIDING JUSTICE BARTLEY.

Not to be published in full. Opinion filed January 26, 1948; released for publication February 26, 1948.