Wilson v. Seligman
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This was an action brought by Wilson, a citizen of Missouri, against' Seligman, a citizen of New York, in the circuit court of the city of St. Louis, and duly removed by the defendant •into the Circuit Court of the United States.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. This was an action brought by Wilson, a citizen of Missouri, against' Seligman, a citizen of New York, in the circuit court of the city of St. Louis, and duly removed by the defendant •into the Circuit Court of the United States. The action was upon an order or judgment of the state court under section 736 of the Revised Statutes of Missouri of 1879, (which is copied in the margin,1) by which execution was awarded against the ' defendant as a stockholder in the Memphis, Carthage and Northwestern Railroad…
1Opinion of the Court
Mr. Justice Gray,
after stating the case as above, delivered, the opinion of the court.
The statute of Missouri, under which these proceedings were hadj authorizes execution upon a judgment against a corporation to be ordered against any of its stockholders, only to the extent of the unpaid balance of their stock, and “ upon motion in open court, after sufficient notice in writing to the persons sought to be charged.” Missouri Gen. Stat. 1865, c. 62, § 11; Rev. Stat. 1879, § 736; Rev. Stat. 1889, § 2517. Each person sought to' be charged as a stockholder is thus given the right, before…
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