Kelly v. Mitchell
Court of Appeals of Kentucky
Case 39 — PETITION EQUITY — APPEALS PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. It was illegal for the court, on the application of the stockholders of an insolvent corporation, to seize upon the property of the company and thus render the execution of the trust by the trustee impossible, and to enjoin him from taking legal steps for the execution of his duty plainly conferred upon him by the fourth clause of the mortgages, and made imperative by the written…
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Case 39 — PETITION EQUITY — APPEALS PROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. It was illegal for the court, on the application of the stockholders of an insolvent corporation, to seize upon the property of the company and thus render the execution of the trust by the trustee impossible, and to enjoin him from taking legal steps for the execution of his duty plainly conferred upon him by the fourth clause of the mortgages, and made imperative by the written request of a majority of the bondholders. (Douglass v. Cline, 12 Bush, 618.) 2. The power of a court of equity in a…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
November 17, 1893, John, Mitchell and others, stockholders and alleged officers of “The Oregon Gold Mining Company,” a corporation organized under statute of Kentucky, and having its principal place of business in Louisville, brought this action in the Jefferson Circuit Court against George L. Dietz, A. L. Schmidt, and H. B. Bohmer, the company being, by subsequent order, also made a defendant.
In their petition plaintiffs state in substance that for several years the company has owned gold mining property in the State of Oregon upon which a large…
2Cited by3 opinions
- Schmidt v. MitchellCourt of Appeals of Kentucky · 1897
- Swaim v. MartinCourt of Appeals of Kentucky (pre-1976) · 1946
- Gilchrist v. CollopyCourt of Appeals of Kentucky · 1904