Legal Opinion

Jenkins v. Baxter

Supreme Court of Pennsylvania

Decided March 12, 1894No. Appeal, No. 86PublishedCited by 19 opinions

Appeal, No. 86, Jan. T., 1894, by defendants, William Baxter et al., from decree of C. P. No. 3, Phila. Co., Dec. T., 1892, No. 743, on bill in equity, by Wm. H. Jenkins et al. Bill to declare void corporate election, etc. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 86, Jan. T., 1894, by defendants, William Baxter et al., from decree of C. P. No. 3, Phila. Co., Dec. T., 1892, No. 743, on bill in equity, by Wm. H. Jenkins et al. Bill to declare void corporate election, etc. The facts appear by the opinion of the Supreme Court. Errors assigned were (1) in overruling demurrer; (2-4) decree as quoted in opinion of the Supreme Court; (5) decree imposing costs on defendants; (6) in refusing to suspend execution of decree for new election, pending this appeal; (7) in not dismissing bill; (8) want of jurisdiction.

1Opinion of the Court

Opinion by

Mr. Justice Fell,

Wm. H. Jenkins and four other persons were plaintiffs in a bill in equity filed Jan. 8, 1893, against the directors of the Colorado Mining Drill Co., praying the court to set aside an election of directors that had been held on Oct. 12, 1892, by the stockholders of the company, to declare that the plaintiffs were lawfully elected directors, to order a new election to be held under the direction of a master, and to grant an injunction.

It appears from the bill filed that, at a meeting of the stockholders convened for the purpose of electing a board of directors, a…

2Cases cited2 opinions

  1. Tunis v. Hestonville, Mantua & Fairmount Pass. R. R.Supreme Court of Pennsylvania · 1892
  2. Updegraff v. CransSupreme Court of Pennsylvania · 1864

3Cited by19 opinions

  1. Cella v. DavidsonSupreme Court of Pennsylvania · 1931
  2. Steinberg v. American Bantam Car Co.District Court, W.D. Pennsylvania · 1948
  3. Williamsport v. Citizens' Water & Gas Co.Supreme Court of Pennsylvania · 1911
  4. Milasinovich v. Serbian Progressive Club, Inc.Supreme Court of Pennsylvania · 1951
  5. Grant v. ElderSupreme Court of Colorado · 1917

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