Legal Opinion

Reed & McCormick v. Gold

Supreme Court of Virginia

Decided November 19, 1903PublishedCited by 25 opinions

Error to a judgment of the Oircuit Court of Clarke county, rendered in a proceeding by motion, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was a proceeding by motion on the part of a receiver in a chancery suit to recover assessments made by the Chancery Court against the stockholders of a joint-stock company.

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Error to a judgment of the Oircuit Court of Clarke county, rendered in a proceeding by motion, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was a proceeding by motion on the part of a receiver in a chancery suit to recover assessments made by the Chancery Court against the stockholders of a joint-stock company. Numerous defences were set up, and among others that the company was engaged in an illegal enterprise, in that for every sixteen shares of stock purchased the purchaser was to draw a building lot; that these lots were of unequal…

1Opinion of the Court

Keith, P.,

delivered the opinion of the court.

Gold was appointed receiver in the chancery suit of Ricamore v. Berryville Land & Improvement Company, and directed to institute “suits at law” against certain delinquent stockholders, or their assignees, named in the report of Commissioner Ward. In obedience to this order, Gold served written notice upon Eeed & McCormick that he would, at the October term, 1898, of the Oircuit Court of Clarke county, ask for judgment for the sum of $410.08. The defendants appeared and demurred to this notice, first, because by the terms of the decree of Janu*40ary 8,…

2Cases cited11 opinions

  1. Wheeler v. . MillarNew York Court of Appeals · 1882
  2. McClellan v. SanfordWisconsin Supreme Court · 1870
  3. Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
  4. Winters v. CherrySupreme Court of Missouri · 1883
  5. Curtis v. SageIllinois Supreme Court · 1864

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3Cited by25 opinions

  1. W. S. Forbes & Co. v. Southern Cotton Oil Co.Supreme Court of Virginia · 1921
  2. Moore v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1919
  3. Barnard v. BarnardSupreme Court of Virginia · 1922
  4. Wood & Brooks Co. v. D. E. Hewit Lumber Co.West Virginia Supreme Court · 1921
  5. Kneeland v. ShroyerOregon Supreme Court · 1958

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