Wilson v. Colorado Mining Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Utah; J. A. Marshall, Judge. Suits by Joseph L. Wilson and by Joseph U. Wilson and another against the Colorado Mining Company. From decrees for defendant, plaintiffs appeal. The appellants were plaintiffs below, where these cases, which related to stock originally owned by Joseph L. Wilson, were heard and decided together.
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Appeal from the District Court of the United States for the District of Utah; J. A. Marshall, Judge. Suits by Joseph L. Wilson and by Joseph U. Wilson and another against the Colorado Mining Company. From decrees for defendant, plaintiffs appeal. The appellants were plaintiffs below, where these cases, which related to stock originally owned by Joseph L. Wilson, were heard and decided together. Wilson complains that the court below declined to require the Colorado Mining Company, a corporation, to restore to him and to pay him the dividends on 5,000 shares of its .nonassessable stock, which…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1] Under the laws of the state of Utah and under the law of its organization the Colorado Company had no authority to assess the 15,000 shares of its stock which are the subjects of these suits, to sell them for the assessment, or to appropriate them to itself. In the belief that it had that authority it did these things, and it has ever since insisted and still contends that it thereby acquired the right to own and hold them for its own use and benefit. But an owner cannot be lawfully deprived of his property without his consent and without due process of…
2Cases cited25 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Kelley v. BoettcherCourt of Appeals for the Eighth Circuit · 1898
- Baker v. . DrakeNew York Court of Appeals · 1873
- Foster v. Mansfield, Coldwater & Lake Michigan RailroadSupreme Court of the United States · 1892
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3Cited by11 opinions
- Guettel v. United StatesCourt of Appeals for the Eighth Circuit · 1938
- Shell v. StrongCourt of Appeals for the Tenth Circuit · 1945
- Row v. Home Savings BankMassachusetts Supreme Judicial Court · 1940
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Wallace v. H. W. Noble & Co.Michigan Supreme Court · 1918
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