Ex parte Holmes
New York Supreme Court
J. W. Mulligan moved for a rule to establish the election of Zebedee Ring, and 24 others, who, as he claimed, ha¿ been chosen directors of the Tradesmen’s Insurance . . _ Company in the city oí JNew York.
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J. W. Mulligan moved for a rule to establish the election of Zebedee Ring, and 24 others, who, as he claimed, ha¿ been chosen directors of the Tradesmen’s Insurance . . _ Company in the city oí JNew York. He read affidavits, stating that the company had bpen in corpo rated, by an act of the legislature passed the 14th March, 1825, (see laws sess. 48, ch. 31;) that they went into operation about the 20th of April, 1825 ; that on the 8th of November last, they passed a resolution that they would accept 1582 shares of their capital stock, then held by the New Jérsey Manufacturing and Banking…
1Opinion of the Court
Curia.
The statute is, that notice shall be given to the adverse party, or to those who may be affected by the application. (Sess. 48, ch. 325, s. 9.)
The directors whose seats are sought to be vacated, are we think, the true parties, and the only persons to be affected within the nieaning of the act. The application comes in place, and is in nature of an information, in nature of a quo warranto. Had an information been filed, these directors would be the proper, and the only proper defendants. Suppose we should order an information to be filed, as we may do, if the nature of the case require…
2Cases cited2 opinions
- Green v. MillerNew York Supreme Court · 1810
- Fisher v. FieldsCourt for the Trial of Impeachments and Correction of Errors · 1812
3Cited by20 opinions
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- Brewster v. HartleyCalifornia Supreme Court · 1869
- Porter v. Plymouth Gold Mining Co.Montana Supreme Court · 1904
- Ralston v. Bank of CaliforniaCalifornia Supreme Court · 1896
- Whitehead v. SweetCalifornia Supreme Court · 1899
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