Legal Opinion

Eagle Iron Co. v. Colyar

Court of Appeals for the Fifth Circuit

Decided November 18, 1907No. Nos. 1,736, 1,739PublishedCited by 2 opinions

Appeal from the Circuit Court of the United States for the Northern District of Alabama. Petition for Mandamus to the Circuit Court of the United States for the Northern District of Alabama.

1Per curiam

The first-entitled case is an appeal in a suit in equity brought in the name of the Eagle Iron Company against its former president, charging mismanagement and conversion of the company property, and praying for restitution and an accounting. On a hearing, the Circuit Court dismissed the bill because it was not brought with sufficient authorization of the company, in that the persons claim.ing to be president and directors of the company and directing the suit were not legally chosen by the stockholders' nor legally authorized to control the corporation. The court, however, allowed said…

2Cited by2 opinions

  1. United States Lines, Inc. v. United States Lines Co.Court of Appeals for the Second Circuit · 1938
  2. National Power & Paper Co. v. RossmanSupreme Court of Minnesota · 1913

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