The Montgomery advertiser., 1901-08-22
COBB V. LAGARDE & SONS.

COBB V. LAGARDE & SONS. Petition for Mandamus.-Appeal from
 the City Court of Anniston.
 l. Right of stockholder to inspect books of private corpor oration-Under the statutory provisions enlarging and ex- tending the common law right, a stock holder in a private corporation has the right of access to, or inspection and examination of, the books, records and papers of the corporation at reasonab ble and proper times. Code, Sec. 1274); and in order to enjoin the exercise of this right. it is not necessary. when he makes application at a reasonable and proper time, that the stockholder should show a definite. legitimate pur- pose. or negative an unlawful and i'm proper purpose.
 2. Same; when mandamus lies; suf- ficiency of petition.-A mandamus will be awarded at the instance of a stock holder in a private corporation, against the custodian of books and papers, to enforce his stst.tory right to inspect and examine them; and If his petition alleges the fact of his being a stock holder and an application made to such custodian at reasonable and proper time, and its refusal. it is sufficient, and 1t is not necessary to aver in such eS oChhtCs lC6llluidtc puTpOSG Tn making the application, or to nega- tive an improper or unlawful pur- pose.
 3. Same; sufi1ciency of demand-The right of a stockholder in a private cor poratton to examine and inspect it's books. records and papers is a present right, when a demand is made at a reasonable time. and an indefinite delay in according this right is equivalent to ] denial of 1t.
 4. Same; custodian of books-The President and General Manager of an industrial corporation, who has con- trol and supervision of the business of the company. has sufficient control over the books of the corporation to author ize the direction of a writ of mandamus to him, requiring an inspection of the books by a stockholder of said com pany.
 5. Same; when excuse or refusal of inspection not sufficient-The facts that the stockholder who demands an in- spection of the books and records of a private corporation bears an unfriendly relation with the officers of said com pany, and owns stock in a rival corpo- ration, do not constitute sufficient grounds for denial of the right of such stockholder to inspect and exam inc the books of said company.
 6. Same; when improper purpose not shown-The fact that a stockholder in a private corporation who demands an inspection and examination of the books of said corporation is a stock holder in rival company, and he may, by such examination, gain some ad- vantage. does not, necessarily, show an improper motive in making such de- mand, and will not, in the absence of other proof, deprive him of his right of inspection.
 z. Evidence; introduction of books produced in response to subpoena duces tecum-Where witness who was sum- moned by a subpoena duces tecum, pro- duces at the time the books of the cor poration, it is no objection to the in- troduction of such books in evidence that the statute provided another mode of securing the production of the books in evidence.
 8. Right of stockholder to inspect books of private corporate evidence showing insolvency of the company in- dissatisfaction the hearing of a pe- tition for mandamus, to compel the custodian of the books and papers of a private corporation to allow the peti- tioners who were stockholders in said corporation, to inspect and examine said books and papers, testimony rela- tive to the condition of said corpora ton, showing it's solvency vel non, is competent and admissible in evidence.
 Affirmed.
 Opinion by Dowdell, Jr.