People v. Hektograph Co.
New York Supreme Court
This was a motion by certain stockholders of the Hektograph Company to vacate a judgment for the dissolution of the corporation, entered upon overruling a demurrer interposed by it in an action brought by the attorney-general in the name of the people. Further facts sufficiently appear from the opinion.
1Opinion of the CourtIngalls, J.
I am convinced that the court, upon the application of a stockholder, possesses the power to open or vacate a judgment which dissolves a corporation, although such stockholder was not a party to the action instituted by the attorney-general for that purpose, when it shall be shown to the court that there is reasonable ground for the belief that fraud or collusion has been practiced in obtaining such judgment, whereby the rights of such stockholder will be impaired or destroyed. The court is vested with the control of its process, records and proceedings, so far as to prevent their being…
2Cases cited15 opinions
- Bronson v. La Crosse & Milwaukie RailroadSupreme Court of the United States · 1864
- Chappel v. . ChappelNew York Court of Appeals · 1855
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
- Stilwell v. CarpenterNew York Court of Appeals · 1875
- Young v. WhittenhallSupreme Court of Kansas · 1875
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3Cited by2 opinions
- Rothschild v. Rio Grande Western Railway Co.New York Supreme Court · 1890
- Wilkinson v. Chemical Fire Insurance Co. of New JerseyCity of New York Municipal Court · 1884