Provident Savings Institution v. Jackson Place Skating & Bathing Rink
Supreme Court of Missouri
Jlppeal from St. Louis Circuit Court. I. The adoption of the constitutional amendment on 8th Nov. 1870, had at least the effect to take away the special, summary, statutory remedy by motion for execution against u stockholder. The remedy may be changed without impairing the obligation of a contract. (4 "Wheat., 200, 245 ; Cool. Const. Liin., 286-7-8, 361, et seq.; Sedg. Stat. & Const.
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Jlppeal from St. Louis Circuit Court. I. The adoption of the constitutional amendment on 8th Nov. 1870, had at least the effect to take away the special, summary, statutory remedy by motion for execution against u stockholder. The remedy may be changed without impairing the obligation of a contract. (4 "Wheat., 200, 245 ; Cool. Const. Liin., 286-7-8, 361, et seq.; Sedg. Stat. & Const. Law, 643.) The remedy against a stockholder by a summary motion was clearly in the power of the Legislature to change and take away, and taking this summary remedy away, does not in any way impair the obligation…
1Opinion of the CourtWagner, Judge
From the record it appears that plaintiff brought suit on the 18th of March, 1870, against the Jackson Place Skating and Bathing Rink, a Corporation created under the General Corporation Laws of this S-tate.
Judgment was rendered in said suit in October, 1871, in favor of plaintiff, and against defendant, and execution was duly issued, and on the étli day of December, 1871 the same was returned unsatisfied. Parker, the defendant, was a stockholder at the organization of the Skating and Bathing Rink Company, and continued to be one at the time of the issuance of the execution, holding two…
2Cases cited1 opinion
- Hawthorne v. CalefSupreme Court of the United States · 1865
3Cited by6 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Jerman's Adm'r v. BentonSupreme Court of Missouri · 1883
- Skrainka v. AllenMissouri Court of Appeals · 1879
- Stocker v. DavidsonSupreme Court of Kansas · 1906
- Hodgson v. CheeverMissouri Court of Appeals · 1880
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