379.570. Publication of notice--proceedings.
Publication of notice--proceedings.
379.570. 1. On the filing of said petition with the clerkof said court, it shall be the duty of said clerk to cause anotice to be published in some newspaper published in the countywhere the cause is pending, and if there is no newspaperpublished in said county, then in some newspaper published in thenext nearest county, addressed to all whom it may concern, andsetting forth the filing of said petition and stating briefly theobject and general nature of the petition and that a judgment anddecree will be entered in said cause at the next term of the saidcourt after due publication of said notice, as prayed in saidpetition.
2. And at the next term of said court after due publicationof said notice, as herein provided, the court shall hear the saidpetition and the evidence which may be produced by the petitionerand by any person interested in such company as a stockholder, ifit be a stock company, or as a policyholder if it be a mutualcompany, or as a stockholder or a policyholder in its mutualdepartment if it be a stock and mutual company, at the timeoriginally limited by law or its charter for the termination ofthe corporate existence of such company who has not assented toor ratified such reorganization and extension and continuance ofthe corporate existence of such company, and shall make and enterits judgment and decree ascertaining and determining the numberand names of the persons who were stockholders if it be a stockcompany, or who were policyholders if it be a mutual company, orwho were stockholders or policyholders in its mutual departmentif it be a stock and mutual company, of said company at the timeoriginally limited by law or its charter for the termination ofits corporate existence who have not assented to or ratified suchreorganization and extension and continuance of the corporateexistence of such company and the value of their respectiveequitable interests or proportions in its net assets at thattime, and authorizing and directing such company to pay to themrespectively the value of their equitable interests orproportions in such net assets as thus ascertained and determinedin full satisfaction of their respective claims and interests insuch net assets; and thereupon payment by said company to suchstockholders or policyholders of the value of their respectiveequitable interests or proportions in such net assets as thusascertained and determined such stockholders or policyholdersshall have no further claims or interests in such assets of saidcompany; provided, that the court may, if it deem it advisable,refer the matter to some suitable person as referee to hear saidmatter and ascertain and report to the court his findingsconcerning the same, as in other cases.
(RSMo 1939 § 6000)Prior revisions: 1929 § 5889; 1919 § 6299