State ex rel. Bugbee v. Holmes
Nebraska Supreme Court
Original application for a writ of mandamus. Rehearing of case found on page 503, 59 Nebr. There is no distinction between qn order directing the sale of real estate, and an order confirming such. sale. Kountze v. Erele, 45 Nebr., 288. No demand on corporate officers is necessary, where a demand would be useless.
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Original application for a writ of mandamus. Rehearing of case found on page 503, 59 Nebr. There is no distinction between qn order directing the sale of real estate, and an order confirming such. sale. Kountze v. Erele, 45 Nebr., 288. No demand on corporate officers is necessary, where a demand would be useless. A stockholder in a corporation may sue both at law and in equity in his own name in behalf of his interests and to vindicate a wrong done the corporation, when it can not or will not do so in its corporate capacity; and under like circumstances a stockholder may defend in his own…
1Opinion of the CourtSullivan, J.
Earlier in the term there was a judgment denying an application for a mandamus. The opinion then filed contains a statement of the facts upon which it was held that the respondent, one of the judges of the third district, was right in refusing to fix the amount of a supersedeas bond. State v. Holmes, 59 Nebr., 503. At relator’s instance, we have again examined the record, and have reached the conclusion that our former decision was unsound, and that the peremptory writ should have been granted. The petition of intervention' and the motion resisting confirmation of the sale in question, taken…
2Cases cited3 opinions
- Fogg v. BlairSupreme Court of the United States · 1891
- Waymire v. San Francisco & San Mateo Railway Co.California Supreme Court · 1896
- Morrill v. Little Falls Manufacturing Co.Supreme Court of Minnesota · 1891
3Cited by8 opinions
- Kirchner v. GastNebraska Supreme Court · 1959
- Drainage District No. 1 v. Kirkpatrick-Pettis Co.Nebraska Supreme Court · 1941
- National Power & Paper Co. v. RossmanSupreme Court of Minnesota · 1913
- Massachusetts Bonding & Insurance Co. v. NovotnySupreme Court of Iowa · 1925
- Streck, Inc. v. Ryan FamilyNebraska Supreme Court · 2017
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