Fry v. Rush
Supreme Court of Kansas
Error from Pawnee district court; J. E. Andrews, judge. STATEMENT. On April 9, 1895, J. W. Rush commenced an action in the district court of Pawnee county against the Western Kansas Loan and Mortgage Company, alleging that it had suspended business for more than three years and had held no election of officers; that its president, secretary and general manager had each sold his stock and resigned, and said offices were vacant; that there was not a quorum of directors…
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Error from Pawnee district court; J. E. Andrews, judge. STATEMENT. On April 9, 1895, J. W. Rush commenced an action in the district court of Pawnee county against the Western Kansas Loan and Mortgage Company, alleging that it had suspended business for more than three years and had held no election of officers; that its president, secretary and general manager had each sold his stock and resigned, and said offices were vacant; that there was not a quorum of directors existing for the transaction of business; that the assets consisted chiefly of bank stock and past-due paper about to be barred…
1Opinion of the Court
*435The opinion of the court was delivered by
Ellis, J.:
i. Final order nght to review. We are met at the threshold of this case with a motion to dismiss the petition in error for the reason that the adjudication of the court below was not a final order or judgment, but it must oyerra[ec[, While some parts of the judgment were interlocutory in their nature, others were definitive, and by their terms excluded the possibility of further action by the trial court. Among these latter were orders and decrees applying to each of the plaintiffs in error and determinative of their rights herein. The mere…
2Cases cited8 opinions
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- Doud v. Wisconsin, Pittsville & Superior Railway Co.Wisconsin Supreme Court · 1886
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3Cited by7 opinions
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