Marsh v. Mathias
Utah Supreme Court
Appeal from the Seventh District Court, Carbon County, Hon. Jacob Johnson, Judge. Action by plaintiffs as stockholders of the defendant, Price Water Company to have it adjudged and deteiv mined that said company is not a corporation, and that the stockholders thereof are the owners of a certain ditch and property as tenants in common according to their ownership of stock therein; the ditch and property having been operated and used by the company.
Read the full summary
Appeal from the Seventh District Court, Carbon County, Hon. Jacob Johnson, Judge. Action by plaintiffs as stockholders of the defendant, Price Water Company to have it adjudged and deteiv mined that said company is not a corporation, and that the stockholders thereof are the owners of a certain ditch and property as tenants in common according to their ownership of stock therein; the ditch and property having been operated and used by the company. From a judgment of non-suit plaintiffs appeal. Here the various requirements, which were omitted, are absolutely necessary before a corporation can…
1Opinion of the CourtBartoh, C. J.
The plaintiffs are stockholders of the defendant Price Water Company, and brought this action to have it adjudged and determined that such company is not a corporation, and that the stockholders thereof are the owners of a certain ditch and property, as tenants in common, according to their ownership of stock therein, the ditch and property having been operated and used by the company. Among other things, there is also a prayer for equitable relief because of various alleged acts of fraud and illegality on the part of the directors and majority stockholders. At the trial, upon the plaintiffs’…
2Cases cited6 opinions
- Sanger v. UptonSupreme Court of the United States · 1875
- Commissioners of Douglas County v. BollesSupreme Court of the United States · 1877
- Humphreys v. MooneySupreme Court of Colorado · 1880
- Hasselman v. United States Mortgage Co.Indiana Supreme Court · 1884
- Kilpatrick-Koch Dry-Goods Co. v. BoxUtah Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
- Swan Creek Village Homeowners Ass'n v. WarneUtah Supreme Court · 2006
- Mitchell v. JensenUtah Supreme Court · 1905
- Utah Light & Traction Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1915
- McKee v. WilliamsCourt of Appeals of Utah · 1987
6 more not listed; retrieve them via the Exa API.