McLaughlin v. O'Neill
Wyoming Supreme Court
RESERVED Questions from the District Court for Uinta County, Hon. Jesse Knight, Judge. Action by David 0. McLaughlin, receiver, and others, against Garrett O ’Neill, executor of the last will and testament of Christopher E. Wurtele, deceased, to enforce the superadded statutory liability of stockholders in a Utah banking corporation. ‘Upon submission of a demurrer to the petition the court reserved certain questions for the decision of the Supreme Court.
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RESERVED Questions from the District Court for Uinta County, Hon. Jesse Knight, Judge. Action by David 0. McLaughlin, receiver, and others, against Garrett O ’Neill, executor of the last will and testament of Christopher E. Wurtele, deceased, to enforce the superadded statutory liability of stockholders in a Utah banking corporation. ‘Upon submission of a demurrer to the petition the court reserved certain questions for the decision of the Supreme Court. The questions reserved and the material facts are stated in the opinion. It is no doubt true that the statutory liability of a stockholder…
1Opinion of the Court
Potter, Chiee Justice.
The questions reserved for the decision of the court arise upon a demurrer to the petition. In substance the allegations of the petition are, that the Park City Bank was on the 12th day of June, 1893, and for a long time theretofore had been a banking corporation, created and existing under the laws of Utah Territory, and under the provisions of Chapter IX, Part 4, Volume 2, of the Compiled Laws of Utah Territory, 1888, and, as such corporation, was then and had been engaged in general banking business at Park City, Summit County, Utah Territory.
That on the date…
2Cases cited14 opinions
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Hawkins v. GlennSupreme Court of the United States · 1889
- Pollard v. BaileySupreme Court of the United States · 1874
- United States v. KnoxSupreme Court of the United States · 1880
- Glenn v. LiggettSupreme Court of the United States · 1890
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3Cited by2 opinions
- Cowden v. WilliamsArizona Supreme Court · 1927
- Denny, State Banking Commr. v. KennedyCourt of Appeals of Kentucky (pre-1976) · 1929