McCullough v. Sutherland
U.S. Circuit Court for the District of Northern West Virginia
In Equity. Robert McCullough, William E. Gheen, Samuel Humos, J. W. Christman, H. A. Miller, and Thomas A. Davies, citizens of Pennsylvania, have filed their original bill in this court against Howard Sutherland and Stephen B. Elkins, citizens of West Virginia, and the Pennsylvania Steam Coal & Coke Company, a West Virginia corporation, in which they allege themselves to have been, prior to the 28th day of March, 1903, the officers, directors, and sole owners of all the…
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In Equity. Robert McCullough, William E. Gheen, Samuel Humos, J. W. Christman, H. A. Miller, and Thomas A. Davies, citizens of Pennsylvania, have filed their original bill in this court against Howard Sutherland and Stephen B. Elkins, citizens of West Virginia, and the Pennsylvania Steam Coal & Coke Company, a West Virginia corporation, in which they allege themselves to have been, prior to the 28th day of March, 1903, the officers, directors, and sole owners of all the capital stock of two West Virginia corporations, the said Pennsylvania Steam Coal & Coke Company and the Cheat Valley…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). I have carefully gone over again the technical defenses raised by the demurrer and the motion to dismiss for want of jurisdiction, and have discovered nothing to cause me to reach any other or different conclusion than the one arrived at upon former hearing thereof. In my judgment, under the facts alleged and now fully proved, these six nonresident plaintiffs owned all the stock of the Pennsylvania Steam Coal & *422Coke'Company, composed its board of directors and officers, and had full power, without the aid of this court of equity, to fully comply with all…
2Cases cited15 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Tavenner v. BarrettWest Virginia Supreme Court · 1883
- Creigh's v. BoggsWest Virginia Supreme Court · 1881
- Koon v. SnodgrassWest Virginia Supreme Court · 1881
- Conaway v. SweeneyWest Virginia Supreme Court · 1884
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3Cited by5 opinions
- Donahoe v. FranksDistrict Court, E.D. Pennsylvania · 1912
- Dillon v. RinglemanSupreme Court of Oklahoma · 1916
- Raisler Heating Co. v. William J. Taylor Co.Appellate Division of the Supreme Court of the State of New York · 1934
- U. S. Fire Apparatus Co. v. G. W. Baker Machine Co.Court of Chancery of Delaware · 1915
- Wilson v. SeyboldDistrict Court, N.D. West Virginia · 1914