Mantle v. Jack Waite Mining Co.
Idaho Supreme Court
APPEAL from the'District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. An action to enjoin the sale of stock of a corporation. Judgment for respondent. Sec. 2766, Eev.
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APPEAL from the'District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. An action to enjoin the sale of stock of a corporation. Judgment for respondent. Sec. 2766, Eev. Codes, is mandatory in its provisions that no action must be sustained to recover stock sold for delinquent assessments, upon the ground of illegality in the assessment, illegality or defect in the notice of sale or in its publication, or defect or illegality in the sale, unless the party seeking to maintain such action first pays or tenders to the corporation, or the party holding the stock…
1Opinion of the CourtStewart, J.
This action was commenced on December 6, 1911, in the district court of Shoshone county by the respondent, Lee Mantle, against the appellant, Jack Waite Mining Company, Limited, to restrain and enjoin the appellant company from selling 75,750 shares of stock of- the respondent for the amount of an assessment of two cents per share, levied October 14, 1911, and made payable November 18, 1911, and providing for the sale of delinquent stock on the 7th of December, 1911, to pay delinquent assessments.
Issues were formed and trial was had and on April 3, 1913, judgment was entered for plaintiff…
2Cases cited7 opinions
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Settle v. WintersIdaho Supreme Court · 1886
- Wall v. Basin Mining Co.Idaho Supreme Court · 1909
- Havlick v. DavidsonIdaho Supreme Court · 1909
- Durant v. ComegysIdaho Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bruun v. HansonCourt of Appeals for the Ninth Circuit · 1939
- Cady v. KellerIdaho Supreme Court · 1916
- Mt. Pleasant Coal Co. v. WattsIndiana Court of Appeals · 1926
- Henry Gold Mining Co. v. HenryIdaho Supreme Court · 1913
- Intermountain Title Guaranty Co. v. EgbertIdaho Supreme Court · 1932
6 more not listed; retrieve them via the Exa API.