State ex rel. Childs v. American Savings & Loan Ass'n
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Hennepin county, Belden, J., overruling a demurrer to the complaint. The attorney general must be a party to actions against corporations which involve only public rights and interests, and he may institute such actions only when such public rights - or interests are involved.
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Appeal by defendant from an order of the district court for Hennepin county, Belden, J., overruling a demurrer to the complaint. The attorney general must be a party to actions against corporations which involve only public rights and interests, and he may institute such actions only when such public rights - or interests are involved. Green’s Brice’s Ultra Vires, 712; People v. Albany & S. R. Co., 57 N. Y. 161; People v. Ingersoll, 58 N. Y. 1; State v. Farmers’ College, 32 Ohio St. 487. The property of a corporation should not be taken out of the custody of its officers, and entrusted to a…
1Opinion of the Court
START, C.. J.
The defendant is a corporation of this state, purporting to do business as a building and loan association under the provisions of Laws 1891, c, 131 (see G. S. 1894, §§ 2855 — 2894). The state of Minnesota, on the relation of its attorney general, brought this action under the provisions of G. S. 1894, §§ 5900, 5901, against the defendant,, to restrain it from further exercising any *353of its corporate rights and franchises. The defendant demurred to the complaint on the grounds of a defect of parties plaintiff, and that it did not state facts sufficient to constitute a cause of…
2Cases cited6 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- People v. . BallardNew York Court of Appeals · 1892
- State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
- Chicago Life Insurance v. NeedlesSupreme Court of the United States · 1885
- State ex rel. Hahn v. Minnesota Central Railway Co.Supreme Court of Minnesota · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sjoberg v. Security Savings & Loan Ass'nSupreme Court of Minnesota · 1898
- Bowlby v. KlineIndiana Court of Appeals · 1902
- Buffum v. HaleSupreme Court of Minnesota · 1898