Hatch v. Lucky Bill Mining Co.
Utah Supreme Court
Appeal from the Third District Court, Summit County.— Hon. S. W. Stewart, Judge. Action to have reissued and restored certain shares of the capital stock of the defendant corporation sold for delinquent assessments and bought in by the defendant. Erom a decree in favor of the plaintiff, the defendant appealed.
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Appeal from the Third District Court, Summit County.— Hon. S. W. Stewart, Judge. Action to have reissued and restored certain shares of the capital stock of the defendant corporation sold for delinquent assessments and bought in by the defendant. Erom a decree in favor of the plaintiff, the defendant appealed. Independently of any statute of limitations, courts of equity uniformly decline to assist a person, wbo Las slept upon Lis rigLts and sLows no excuse for Lis laches in asserting them. Nothing can call forth a court of equity into activity but-conScience, good faith and reasonable…
1Opinion of the CourtMcCARTY, J.
Respondent contends that the assessments under consideration were absolutely void, and that no right or legal claim was or could be acquired by the company to the stock sold under and by virtue of them, because the directors levying the assessments did not represent a majority of the stock, and because previous assessments had not all been collected, and that assessments Nos. 29 and 31 are void for the further reasons that some of the directors, at the time the levies were made, had not filed their oath of office in the office of the county clerk, and others of the directors were not notified…
Also in this document: Concurrence.
2Cases cited8 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- Singer v. Salt Lake Copper Mn'f'g Co.Utah Supreme Court · 1898
- Curtis v. LakinCourt of Appeals for the Eighth Circuit · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ockey v. LehmerUtah Supreme Court · 2008
- Western Securities Co. v. Silver King Consol. Mining Co. of UtahUtah Supreme Court · 1920
- State v. SteeleCourt of Appeals of Utah · 2010
- Zions Gate R.V. Resort, LLC v. OliphantCourt of Appeals of Utah · 2014
- Huntington Roller Mills & Mfg. Co. v. MillerUtah Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.