Legal Opinion

State ex rel. Rankin v. Leete

Nevada Supreme Court

Decided July 15, 1881No. 1,065PublishedCited by 9 opinions

Application for quo warranto. Tbe facts are stated in tbe opinion. I. Tbe burden of proof was on defendant to establish bis right to tbe office. (Ang. & Ames on Corp., sec. 756; State v. Haskell, 14 Nev. 210; High on Bern., sec. 629.) II. The court did not err in striking out Gulling’s evidence. The fact that the shares stood in the son’s name by the consent of his father, entitled him to vote the' stock. {Bercich v.' Monje, 9 Nev. 316; State ex rel.

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Application for quo warranto. Tbe facts are stated in tbe opinion. I. Tbe burden of proof was on defendant to establish bis right to tbe office. (Ang. & Ames on Corp., sec. 756; State v. Haskell, 14 Nev. 210; High on Bern., sec. 629.) II. The court did not err in striking out Gulling’s evidence. The fact that the shares stood in the son’s name by the consent of his father, entitled him to vote the' stock. {Bercich v.' Monje, 9 Nev. 316; State ex rel. Pettinelli, 10 Id. 144; Ang. & Ames on Corp., secs. 131, 132; Green’s Brice’s Ultra Yires, 126; State v. Ferris, 42 Conn. 560; Gilbert v.…

1Opinion of the Court

By the Court,

Leonard, C. J.:

The Orr Water Bitch company is a corporation, duly incorporated under the laws of this state, for the purpose of *244constructing, keeping in repair, maintaining, and operating a ditch for the conducting of water from the Truckee river, in Washoe county, to farming lands therein, for irrigating and domestic purposes. On and prior to January 8, 1881, respondent was a stockholder in said corporation, and the duly elected trustee and secretary thereof. On the date just mentioned an election was held by the stockholders of the corporation, for the purpose of electing five…

2Cases cited3 opinions

  1. Weston v. Bear RiverCalifornia Supreme Court · 1855
  2. Bercich v. MaryeNevada Supreme Court · 1874
  3. Stewart v. Mahoney Mining Co.California Supreme Court · 1880

3Cited by9 opinions

  1. Casper v. Kalt-Zimmers Manufacturing Co.Wisconsin Supreme Court · 1915
  2. McCoy v. HouckIndiana Supreme Court · 1912
  3. People ex rel. Matthiessen v. LihmeIllinois Supreme Court · 1915
  4. Creighton v. CampbellColorado Court of Appeals · 1914
  5. Creighton v. CampbellColorado Court of Appeals · 1914

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