This section contains the nature of the case and procedural background.

P took a derivative action to recover damages on behalf of the corporation resulting from the alleged negligence and breach of fiduciary duty by D in the handling of the corporation's funds. This appeal is from an order of the lower court refusing D's motions (1) for a compulsory reference of the issues and (2) to strike several portions of the complaint. The first question involves a determination of whether the stockholder's derivative action is one in equity or at law.

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