Wood v. Union Gospel Church Building Ass'n
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. This is aii action in equity, brought by the plaintiff, a stockholder in the defendant corporation, to obtain the cancellation of certain stock alleged to have been illegally issued by such corporation, and for an injunction. The corporation defendant demurred separately to the complaint, and this appeal is from an order overruling such demurrer.
Read the full summary
APPEAL from the Circuit Court for Milwaulcee County. This is aii action in equity, brought by the plaintiff, a stockholder in the defendant corporation, to obtain the cancellation of certain stock alleged to have been illegally issued by such corporation, and for an injunction. The corporation defendant demurred separately to the complaint, and this appeal is from an order overruling such demurrer. The case stated in the complaint is substantially as follows: The Union Gospel Church Building Association was organized in 1880, and exists under ch. 86, R. S. It was so organized for the purpose…
1Opinion of the CourtLyon, J.
1. The action was brought by a stockholder in the defendant corporation to procure the cancellation of certain stock alleged to have been issued by its board of directors without lawful authority, and incidentally to obtain an injunction to restrain the holders of such illegal stock from voting thereon at the meetings of the corporation. Courts of equity constantly take jurisdiction of such actions, and hence the objection that the court has no jurisdiction of the subject matter of the action cannot be sustained.
2. Does the complaint state facts sufficient to constitute a cause of action?…
2Cases cited2 opinions
- Dousman v. Wisconsin & Lake Superior Mining & Smelting Co.Wisconsin Supreme Court · 1876
- Nevil v. CliffordWisconsin Supreme Court · 1882
3Cited by14 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Luther v. C. J. Luther Co.Wisconsin Supreme Court · 1903
- State Ex Rel. Weede v. BechtelSupreme Court of Iowa · 1952
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- Doud v. Wisconsin, Pittsville & Superior Railway Co.Wisconsin Supreme Court · 1886
9 more not listed; retrieve them via the Exa API.