v0758-375
^
United States Circuit Court of Appeals
FOR THE NINTH CIRCUIT
- MOREHOUSE and T. S. THOMPSON,
Plaintiffs in Error.
vs.
GIANT POWDER COMPANY, Consolidated, a Corporation
PACIFIC HARDWARE AND STEEL COMPANY,
a Corporation, and J. A. FOLGER AND COMPANY,
a Corporation,
Defendants in Error.
In the matter of EXPLORATION MERCANTILE COM-
PANY, a Corporation, Bankrupt.
BRIEF OF PLAINTIFF IN ERROR.
This is a writ of error, prosecuted by these plaintiffs
in error, for a judgment of conviction for contempt.
The facts are, that on the 6th day of August, 1908, one
Walter C. Stone, a stockholder in the Exploration Mercan-
tile Company, a corporation, under the laws of the State
of Nevada, brought an action in the State Court, in due
form, against the Exploration Mercantile Company
(Trans., p. 64) ; that these plaintiffs were the attorneys for
said Stone. That upon the commencement of said action,
process issued, and was served, and said defendant duly
appeared in said action, and that one C. E. Wylie, a stock-
holder and officer of defendant, was appointed receiver of
said defendant. That at the time of such action, the de-
fendant was a corporation having a capital stock of
50,000 shares, of which said W. C. Stone owned 48,000
shares, C. E. Wylie 1,000 shares, and Frank G. Hobbs 1,000
shares, so that the whole capital stock was held, owned
and possessed by these three men (Trans., p. 101); that
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