Sjoberg v. Security Savings & Loan Ass'n
Supreme Court of Minnesota
Action in the district court for Hennepin county to wind up the affairs of defendant corporation, and for the appointment of a receiver for that purpose. From an order, Elliott, J., appointing a receiver, defendant appealed. The constitutional provision (art. 4, § 13) relating to the enacting clause of statutes, is directory merely, and not mandatory; hence the absence of an enacting clause from a statute does not render it invalid.
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Action in the district court for Hennepin county to wind up the affairs of defendant corporation, and for the appointment of a receiver for that purpose. From an order, Elliott, J., appointing a receiver, defendant appealed. The constitutional provision (art. 4, § 13) relating to the enacting clause of statutes, is directory merely, and not mandatory; hence the absence of an enacting clause from a statute does not render it invalid. McPherson v. Leonard, 29 Md. 377; City v. Riley, 52 Mo. 424; Swann v. Buck, 40 Miss. 268; City v. Foster, 52 Mo. 513; Seat of Government Case (dissenting opinion)…
1Opinion of the CourtStart, C. J.
The defendant is a building and loan association, of the class known as “national,” incorporated under the laws of this state. The plaintiffs are stockholders of the defendant, and brought this action for the purpose of winding up the affairs of the association, by a receiver to be appointed by the court and under its direction.
The complaint alleges, among other matters, that the defendant is insolvent, but it contains no allegations to the effect that it has any creditors or liabilities, except its stockholders and its liability to them. It also alleges that the assets of the association…
2Cases cited11 opinions
- Swann v. BuckMississippi Supreme Court · 1866
- Burritt v. Commissioners of State ContractsIllinois Supreme Court · 1887
- City of Cape Girardeau v. RileySupreme Court of Missouri · 1873
- May v. RiceIndiana Supreme Court · 1883
- State ex rel. Chase v. RogersNevada Supreme Court · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State Ex Rel. Foster v. NaftalinSupreme Court of Minnesota · 1956
- Joiner v. StateSupreme Court of Georgia · 1967
- State ex rel. Ekern v. ZimmermanWisconsin Supreme Court · 1925
- Green v. National Advertising & Amusement Co.Supreme Court of Minnesota · 1917
- State ex rel. Gouge v. BurrowTennessee Supreme Court · 1907
21 more not listed; retrieve them via the Exa API.