Legal Opinion

Miller v. Kitchen

Nebraska Supreme Court

Decided April 19, 1905No. 13,693PublishedCited by 5 opinions

Appeal from the district court for Douglas county: Irving F. Baxter, Judge.

1Opinion of the Court

Letton, C.

This is an appeal from an interlocutory decree appointing a receiver in a stockholder’s suit. The plaintiff, Rome Miller, is a stockholder in the Kitchen Brothers Hotel Company, and brings the action against James B. Kitchen, as president, and the corporation itself, alleging fraud and mismanagement on the part of the officers of the corporation and praying for an accounting and a receiver, but not asking to wind up the corporate affairs. The findings of fact upon which the receiver was appointed are substantially, though much abridged, as follows: Kitchen Brothers Hotel Company is…

2Cases cited4 opinions

  1. Vila v. Grand Island Electric Light, Ice & Cold Storage Co.Nebraska Supreme Court · 1903
  2. Ponca Mill Co. v. MikesellNebraska Supreme Court · 1898
  3. Smiley v. Sioux Beet Syrup Co.Nebraska Supreme Court · 1904
  4. Provident Life & Trust Co. v. KenistonNebraska Supreme Court · 1897

3Cited by5 opinions

  1. Adler v. SeamanCourt of Appeals for the Eighth Circuit · 1920
  2. Boothe v. Summit Coal Mining Co.Washington Supreme Court · 1909
  3. Furrer v. Nebraska Building & Investment Co.Nebraska Supreme Court · 1922
  4. Cressman v. BonhamNebraska Supreme Court · 1935
  5. State ex rel. Barton v. Farmers & Merchants InsuranceNebraska Supreme Court · 1912

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