State ex rel. Gray v. Phoenix Loan Ass'n
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The judge had no jurisdiction to make the decree of July 15, 1899, in vacation. Constitution, art. 6, sec. 1; Cooley, Const. Lim. (6 Ed.), 107; Risser v. Hoyt, 53 Mich. 185; Gaugh v. Dorsey, 27 Wis. 131; Van Slyke v. Ins. Co., 39 Wis. 391; Shoultz v. McPheeters, 79 Ind. 376; Chandler v. Nash, 5 Mich. 409. (2) The statute invoked is unconstitutional.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The judge had no jurisdiction to make the decree of July 15, 1899, in vacation. Constitution, art. 6, sec. 1; Cooley, Const. Lim. (6 Ed.), 107; Risser v. Hoyt, 53 Mich. 185; Gaugh v. Dorsey, 27 Wis. 131; Van Slyke v. Ins. Co., 39 Wis. 391; Shoultz v. McPheeters, 79 Ind. 376; Chandler v. Nash, 5 Mich. 409. (2) The statute invoked is unconstitutional. Const., art. 2, secs. 28 and 30; Turnpike Co. v. Parks, 50 Ohio St. 569; Relfe v. Bundle, 103 H. S. 222; Parsons v. Ins. Co., 31 Eed. Rep. 309; State v. Greer, 78 Mo. 188. (3)…
1Opinion of the CourtYalliant, J.
This is a suit instituted by the Supervisor of Building and Loan Associations looking to the dissolution and winding up of the defendant corporation. Appellants are stockholders in the concern who were made parties defendants on their o-wn petition. The cause is here on appeal from an order refusing to revoke an order appointing receivers of the affairs of the corporation. Only so much of the controversy, therefore, as is involved in that order is before us for review.
The petition, was filed in the office of the clerk of the circuit court of Buchanan county during the vacation of the court on…
2Cited by4 opinions
- State ex rel. Ballew v. WoodsonSupreme Court of Missouri · 1901
- Cobe v. LovanSupreme Court of Missouri · 1906
- Cobe v. RickettsMissouri Court of Appeals · 1905
- Wilson v. HaysMissouri Court of Appeals · 1909