Umatilla Water, Users' Ass'n v. Irvin
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice McBride. This is a suit brought by plaintiff to enjoin Irvin and others from acting as directors and officers of the plaintiff corporation.
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From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice McBride. This is a suit brought by plaintiff to enjoin Irvin and others from acting as directors and officers of the plaintiff corporation. The complaint among other matters, alleges that H. G. Newport is president, F. A. Yates, secretary, F. B. Swayze, treasurer, A. C. Crawford, vice-president; that Newport, Skinner, Yates, together with Crawford and Sommerer constitute the board of directors of such company; that they were duly chosen at the regular stockholders’ meeting held at Hermiston on January 9, 1909; that on the 11th day…
1Opinion of the CourtJustice McBride
1. Plaintiff in this case disclaims any attempt to try the title to the offices claimed by Newport, Yates, and Skinner, which for convenience we shall designate as the “Newport Board” and those claimed by Irvin and McNaught, who, with Crawford and Sommerer, their title being undisputed, we shall designate as the “Irvin Board.”
It is contended that the Newport Board, with Yates as secretary, constitutes the de facto officers of the corporation, and that this suit is merely to prevent persons claiming title to these offices from interfering with them in the discharge of their duties. We are…
2Cases cited5 opinions
- Brown v. LuntSupreme Judicial Court of Maine · 1854
- State Ex Rel. Ryan v. CronanNevada Supreme Court · 1897
- State ex rel. Reed v. SmithOregon Supreme Court · 1887
- Barlow v. StandfordIllinois Supreme Court · 1876
- State ex rel. Martin v. ChuteSupreme Court of Minnesota · 1885
3Cited by6 opinions
- Salgo v. MatthewsCourt of Appeals of Texas · 1973
- Splonskofsky v. MintoOregon Supreme Court · 1912
- Northern Pacific Ry. Co. v. John Day Irrigation DistrictOregon Supreme Court · 1923
- City of Los Angeles v. Owens River Canal Co.California Court of Appeal · 1932
- In re Campbell County Hardware Co.District Court, E.D. Tennessee · 1924
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