People ex rel. Port Huron & Gratiot Railway Co. v. Judge of St. Clair Circuit
Michigan Supreme Court
Application for Mandamus. The writ is sought in this case to require the respondent to vacate an order appointing a receiver over the Port Huron & Gratiot Railway Company and to dissolve an injunction restraining the majority of the directors of said company from the management and control of the corporate business.
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Application for Mandamus. The writ is sought in this case to require the respondent to vacate an order appointing a receiver over the Port Huron & Gratiot Railway Company and to dissolve an injunction restraining the majority of the directors of said company from the management and control of the corporate business. The orders, appointing the receiver and granting the injunction, were made on ex parte applications, in a chancery suit brought in the St. Clair circuit by three out of seven of the directors of the company, against the company and its four other directors, complaining of the…
1Per curiam
The directors or other board of management of a corporation having general authority to manage its concerns, are vested by law with the only discretionary power that can exist in any one to carry on the corporate business; and such management cannot be assumed by a court of chancery, or vested in a receiver; neither can it be taken from the board, except under proceedings instituted to wind up the corporation under the statutes. — Comp. L., 1871, ch. 206 and 207.
The appointment, ex parte, of a receiver to manage the corporate business, and the granting of an injunction in like manner on an…
2Cases cited3 opinions
- Barry v. BriggsMichigan Supreme Court · 1871
- People ex rel. Messler v. SimonsonMichigan Supreme Court · 1862
- Salling v. JohnsonMichigan Supreme Court · 1872
3Cited by26 opinions
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- St. Louis, Kennett & Southern Railroad v. WearSupreme Court of Missouri · 1896
- Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906
- City of Detroit v. HosmerMichigan Supreme Court · 1890
- Tawas & Bay County Railroad v. Circuit JudgeMichigan Supreme Court · 1880
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