Legal Opinion

In re Fleming's Petition

Wisconsin Supreme Court

Decided June 15, 1862PublishedCited by 2 opinions

APPEAL from the Circuit Court for Milwaukee County. On the 28th day-of December, 1861, Alexander Fleming filed in the office of the clerk of the circuit court for the county of Milwaukee his petition, duly verified, praying that a meeting of the stockholders of the Milwaukee and Minnesota railroad company, for the election of directors of said company, might be ordered according to law, for the neglect of the directors of said company to call and hold such meeting for the…

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APPEAL from the Circuit Court for Milwaukee County. On the 28th day-of December, 1861, Alexander Fleming filed in the office of the clerk of the circuit court for the county of Milwaukee his petition, duly verified, praying that a meeting of the stockholders of the Milwaukee and Minnesota railroad company, for the election of directors of said company, might be ordered according to law, for the neglect of the directors of said company to call and hold such meeting for the space of two years in succession; which petition sets forth, in substance, that the La Crosse & Milwaukee railroad…

1Opinion of the Court

By the Court,

Paine, J.

This is an appeal from an order of the circuit court, directing an election to be held for Directors of the Milwaukee and Minnesota railroad company. The order was made in pursuance of chap. 211, Laws of 1859, authorizing such an order, on the .petition 'of any stockholder, where it is found after due notice and hearing, that the directors have' neglected or refused for the space of two years to call and hold such election.

The case was not argued orally, and the appellant’s counsel have furnished us no brief. The respondent contends that the order is not appealable, upon…

2Cases cited1 opinion

  1. In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860

3Cited by2 opinions

  1. Nixon v. Cydon Lodge No. 5Supreme Court of Kansas · 1896
  2. Duignan v. Montana ClubMontana Supreme Court · 1895

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