Legal Opinion

Henry v. Vermillion & Ashland Rail Road

Ohio Supreme Court

Decided December 15, 1848PublishedCited by 10 opinions

This, is a Bill in Chancery reserved in Huron County. There is also a case reserved- in the county of Erie between the same parties, except that some other Stockholders are made defendants, and involving the same principles as the case reserved in Huron county. The two are reported together.

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This, is a Bill in Chancery reserved in Huron County. There is also a case reserved- in the county of Erie between the same parties, except that some other Stockholders are made defendants, and involving the same principles as the case reserved in Huron county. The two are reported together. The bills are in the form of creditor’s Bills, charging that the complainants have unsatisfied judgments against the Ver- and Ashland Rail Road Company, on which executions have been issued and returned nulla bona, that the company is insolvent and has ceased to keep up its organization, and that the…

1Opinion of the CourtAvery, J.

These bills are filed tinder the act directing the mode of proceeding in chancery; Swan’s Statutes, 704, Sec. 16. They set forth judgments at law recovered against the company, further that after efforts made, they could not be collected by execution, and that the individual defendants are indebted to the company as stockholders upon their stock subscriptions. The principle has already been recognized by this Court, that a creditor’s bill will lie against a stockholder of an incorporated company, to compel him to pay over, to a judgment creditor, the amount of his subscription, which had not…

2Cited by10 opinions

  1. Sanger v. UptonSupreme Court of the United States · 1875
  2. Green v. HolwayMassachusetts Supreme Judicial Court · 1869
  3. Rheinstrom v. ConeWisconsin Supreme Court · 1870
  4. Patterson v. GileSupreme Court of Colorado · 1870
  5. Lawyers Cooperative Publishing Co. v. Corte de Distrito de San JuanSupreme Court of Puerto Rico · 1937

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