People ex rel. Byers v. Grand River Bridge Co.
Supreme Court of Colorado
Appeal from District Court of Clear Creek County. This proceeding was instituted under section 315 of the Civil Code of 1883, in the name of the people, upon the relation of Frank S. Byers, for the purpose of procuring a dissolution of the defendant corporation.
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Appeal from District Court of Clear Creek County. This proceeding was instituted under section 315 of the Civil Code of 1883, in the name of the people, upon the relation of Frank S. Byers, for the purpose of procuring a dissolution of the defendant corporation. The facts alleged are similar to those stated in the case of Byers v. Rollins, post, p. 22. The court below sustained a demurrer to the complaint, and entered judgment for the defendant, and the plaintiff brings the case here for review by appeal. The section of the code referred to is as follows: “ An action may be brought by the…
1Opinion of the CourtJustice Hayt
It is averred in the complaint that the district attorney of the proper district refused to bring the suit upon application, and therefore plaintiff claims the right to maintain the action as relator by virtue of the provisions of section 315 of the Civil Code, although it does not appear that he has any other or different interest in the result than such as he may have in common with all other citizens of the state. If the defendant corporation has violated the law, either by doing some forbidden act or by neglecting to do some act enjoined upon it, it is not every person who may call it to…
2Cases cited2 opinions
- People ex rel. Macey v. HillsdaleNew York Supreme Court · 1807
- State v. SmithIndiana Supreme Court · 1869
3Cited by11 opinions
- Mountain States Legal Foundation v. Douglas M. Costle, State of Colorado Ex Rel. J. D. MacFarlane Petitioner-IntervenorCourt of Appeals for the Tenth Circuit · 1980
- State ex inf. Crow v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1903
- People ex rel. Jerome v. Regents of the State UniversitySupreme Court of Colorado · 1897
- State ex rel. Wetzel v. TracySupreme Court of Minnesota · 1892
- People v. BlakeSupreme Court of Colorado · 1953
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