...rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver (1) that the plaintiff was a shareholder at the time of...transaction of which he complains or that his share thereafter devolved on him by operation of law and (2) that the action is not a collusive one to confer...

...the complaint shall be verified and shall allege (1) that the plaintiff was a shareholder or member at the time of the transaction of which he complains or that his share or membership thereafter devolved on him by operation of law, and (2) that the action is not a collusive...

...Georgia. the case of Hawes vs. Oakland, supra, it is said that the bill must allege that the complainant was a shareholder at the time of the transaction of which he complains, or that his shares have devolved on him since by operation of law. And this is reiterated in Dimpfell vs. Ohio...

...and Nevada. 7. This rule shall take effect from and after the first day of May uext. EQUITY RULE 94. Every bill brought by one or more stockholders in...complains, or that his share had devolved on him since, by operation of law, and that the suit is not a collusive one to confer on a court of the United States...

...introduces in our Senate a bill to amend the Code of Civil Procedure by providing that ' ' Every action brought by one or more stockholders in a corporation...may properly be asserted by the corporation, must be upon a verified complaint, and such complaint must contain an allegation that the plaintiff was a share-holder...

...introduces in our Senate a bill to amend the Code of Civil Procedure by providing that "Every action brought by one or more stockholders in a corporation...may properly be asserted by the corporation, must be upon a verified complaint, and such complaint must contain an allegation that the plaintiff was a share-holder...

...is rule 94, and will be found in the 104th volume of the United States Reports, and is as follows : "Every bill brought by one or more stockholders in...complains, or that his share had devolved on him since by operation of law ; and that the suit is not a collusive one to confer on a court of the United States...

...secure action on the part of the corporation. Equity rule 94, which is held to be imperative, provides : "Every bill brought by one or more stockholders in...may properly be asserted by the corporation, must * * * set forth with particularity the efforts of the plaintiff to secure such action as he desires...

...and therefore the matter to be determined is whether it is applicable to this case. The rule embraces "every bill brought by one or more stockholders in...which may properly be asserted by the corporation." To come within its scope the bill must not only be brought by a stockholder, but it must be brought-...

...STOCKHOLDERS — APPEAL TO CORPORATE AUTHORITIES. Equity rule 27 (198 Fed. xxv, 115 CCA xxv) declares that every bill brought by one or more stockholders in...corporation and other parties, founded on rights which may be properly asserted by the corporation, must be verified, and must set forth with particularity the...