State ex rel. Frank v. Swanger
Supreme Court of Missouri
Mandamus: (1) The Constitution recognizes preferred stock, hut provides that it shall not he issued without the- consent of all the stockholders. Art. 12, sec. 10. This requirement is complied with in the case at har. (2) At common law, it was well recognized that the voting power might he withheld from the preferred stock and vested exclusively in the common stock.
Read the full summary
Mandamus: (1) The Constitution recognizes preferred stock, hut provides that it shall not he issued without the- consent of all the stockholders. Art. 12, sec. 10. This requirement is complied with in the case at har. (2) At common law, it was well recognized that the voting power might he withheld from the preferred stock and vested exclusively in the common stock. In England and in this country the limitation of its voting power was one of the well-recognized characteristics of preferred stock. Cook on Corp. (5 Ed.), sec. 622b; Clark & Marshall, Priv. Corp., sec. 652; Campbell v. Poultney,…
1Opinion of the CourtGantt, J.
This is an original proceeding brought by the plaintiffs, in this court at its April term, 1905, to obtain a peremptory-writ of mandamus directed to Hon. John E. Swanger, Secretary of State, requiring him to issue a certificate of incorporation to the “Star-Chronicle Publishing Company.” The petition, omitting caption, is in the words following; “Your petitioners Nathan Frank, Milton A. McRae, J. C. Harper, Robert F. Paine, F. W. Hunsicker, August, Frank and John M. Her tel (relators herein), state and say as follows: That John E. Swanger is now and has been, since ’ on or about January…
2Cases cited5 opinions
- American Railway-Frog Co. v. HavenMassachusetts Supreme Judicial Court · 1869
- Ex parte HolmesNew York Supreme Court · 1826
- State ex rel. Danforth v. HuntonSupreme Court of Vermont · 1856
- Gregg v. Granby Mining & Smelting Co.Supreme Court of Missouri · 1901
- State ex rel. Lawrence v. McGannMissouri Court of Appeals · 1895
3Cited by20 opinions
- E. K. Buck Retail Stores v. HarkertNebraska Supreme Court · 1954
- Wabash Ry. Co. v. American Refrigerator Transit Co.Court of Appeals for the Eighth Circuit · 1925
- People ex rel. Watseka Telephone Co. v. EmmersonIllinois Supreme Court · 1922
- Orme v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1923
- St. Regis Candies, Inc. v. HovasTexas Supreme Court · 1928
15 more not listed; retrieve them via the Exa API.