Adams & Westlake Co. v. Deyette
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. E. G. Smith, Judge. This case was first decided by this court in an opinion reported in 5. S. D. 418, 59 N. W. 214, in which opinion the judgment of the court below in favor of plaintiff was affirmed. Thereafter a rehearing was ordered in the case. This opinion is upon the rehearing. The former decision adhered to.
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Appeal from circuit court, Brown county. Hon. E. G. Smith, Judge. This case was first decided by this court in an opinion reported in 5. S. D. 418, 59 N. W. 214, in which opinion the judgment of the court below in favor of plaintiff was affirmed. Thereafter a rehearing was ordered in the case. This opinion is upon the rehearing. The former decision adhered to. There being no finding that defendant knew that the consent of the stockholders had not been obtained, it must be presumed in favor of the legality of his judgment and claim that he did not know it. G-reenhood on public policy, Rule…
1DissentKellam, J.
I feel compelled to dissent from the conclusions of the court upon the main propositions discussed in the foregoing opinion. It is always a matter of interest to the general student of the law to know the views of eminent text writers upon any legal question, but it must always be a matter of more particular interest to a court to know what its own legislature has made and established as the law of that jurisdiction; and so, when I find that the statute law of this state expressly allows a corporation to purchase shares of its own stock (Comp. Laws, Sec. 2917), I conclude that the wisdom or…
2Cases cited33 opinions
- Graham v. Railroad Co.Supreme Court of the United States · 1880
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1893
- The City Bank of Columbus v. . Bruce and FoxNew York Court of Appeals · 1858
- Garrett v. Burlington Plow Co.Supreme Court of Iowa · 1886
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