Legal Opinion

State ex rel. Copper Butte Mines v. Guertin

Supreme Court of Minnesota

Decided December 18, 1908No. Nos. 15,948—(212)PublishedCited by 13 opinions

Upon the application of Copper Butte Mines, a corporation, and Frank Bates to the district court for Hennepin county for a writ of mandamus directed to William F. Guertin requiring the latter to deliver to the petitioner Bates the corporate seal, register of shares, books of account and other property of the corporation, an alternative writ was issued.

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Upon the application of Copper Butte Mines, a corporation, and Frank Bates to the district court for Hennepin county for a writ of mandamus directed to William F. Guertin requiring the latter to deliver to the petitioner Bates the corporate seal, register of shares, books of account and other property of the corporation, an alternative writ was issued. The answer and return inter alia alleged that the petitioners had a plain, speedy and adequate remedy in the ordinary course of law, and that the writ of mandamus was wholly unauthorized. It did not appear that either minute of the meeting…

1Opinion of the CourtLeiwis, J.

Proceedings in mandamus, upon the relation of the Copper Butte Mines, a corporation organized under the laws of the territory of Arizona, and Frank Bates, as secretary thereof, against William F. *251G'uertin, the former secretary, for the purpose of compelling Guertin to turn over to Bates the seal, stock book, and other property of the corporation. The appeal involves three principal questions: (1) The shareholders at the annual meeting in 1908 having failed to elect a board of directors, did the holding-over board of directors have-authority, at a special meeting subsequent to the annual…

Also in this document: Per curiam.

2Cases cited4 opinions

  1. American Railway-Frog Co. v. HavenMassachusetts Supreme Judicial Court · 1869
  2. State ex rel. State Savings Building & Loan Ass'n, No. 1 v. DavisMissouri Court of Appeals · 1893
  3. Fasnacht v. German Literary Ass'nIndiana Supreme Court · 1884
  4. Bay View Homestead Ass'n v. WilliamsCalifornia Supreme Court · 1875

3Cited by13 opinions

  1. Redstone v. Redstone Lumber Supply Co.Supreme Court of Florida · 1931
  2. Northland Produce Co. v. StephensSupreme Court of Minnesota · 1911
  3. Thermopolis Northwest Electric Co. v. IrelandCourt of Appeals for the Tenth Circuit · 1941
  4. Lano v. Rochester Germicide Co.Supreme Court of Minnesota · 1962
  5. Rayburn v. Guntersville Realty Co.Supreme Court of Alabama · 1934

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