Legal Opinion

Reich v. Rebellion S. M. Co.

Utah Supreme Court

Decided January 15, 1883PublishedCited by 7 opinions

Appeal from the third district court. The opinion states ■ the facts. No statement was filed in this case. The appellant claims he is entitled to judgment on the pleadings. The complaint alleges that plaintiff was the owner of undivided feet in certain mining claims, which were used to form the capital stock of defendant corporation. To facilitate the transfer, plaintiff and others deeded to defendant Shields as trustee, and Shields deeded to the new corporation as formed.

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Appeal from the third district court. The opinion states ■ the facts. No statement was filed in this case. The appellant claims he is entitled to judgment on the pleadings. The complaint alleges that plaintiff was the owner of undivided feet in certain mining claims, which were used to form the capital stock of defendant corporation. To facilitate the transfer, plaintiff and others deeded to defendant Shields as trustee, and Shields deeded to the new corporation as formed. No accounting has ever been had with plaintiff. It is now said plaintiff is without any remedy. The trustee says he is…

1Opinion of the Court

EMERSON, J.:

In his complaint the plaintiff alleges, in substance, that he was the owner of undivided feet in one of a.number of mining claims which the owners were desirous of consolidating in a corporation, and which were deeded to and formed the capital stock of the defendant corporation; that before, and in order to facilitate the organization of the corporation, he joined with others and deeded his interest to defendant Shields, in trust, that he should deed the same to, the corporation when formed, and should take the number of shares to which each was entitled in the name of each…

2Cited by7 opinions

  1. Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
  2. Gull River Lumber Co. v. School District No. 39North Dakota Supreme Court · 1890
  3. Kirk v. Salt Lake CityUtah Supreme Court · 1907
  4. Brewer v. RomneyUtah Supreme Court · 1917
  5. Johnson v. ManningIdaho Supreme Court · 1892

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