Schwab v. Frisco Mining & Milling Co.
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. H. H. Eolapp, Judge. Action to recover certain' stock sold for delinquent assessment, and to have the sale declared void, and to obtain a re-issue of said stock. From a judgment for plaintiff, defendant appealed. Whether the failure of the officer to file his oath of office makes his acts void.
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Appeal from the Third District Court, Salt Lake County, Hon. H. H. Eolapp, Judge. Action to recover certain' stock sold for delinquent assessment, and to have the sale declared void, and to obtain a re-issue of said stock. From a judgment for plaintiff, defendant appealed. Whether the failure of the officer to file his oath of office makes his acts void. Of the board which acted in levying the assessment, two, E. W. Genter, president and director, and E. L. Talbot, director, were original officers of the company, and filed their oaths in the beginning; they were officers both de facto and de…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MiNeeMiNee, J.
The first question for consideration is, whether the failure of the acting members of the .board of directors making the assessment and sale, to file their oaths of office as required by the statute, rendered their acts, and the assessments and sale.of the stock, void. Sec. 317, Rev. Stat. 1898, reads as follows:
“Before the first or any other officers shall enter upon the duties of their respective offices, they shall take and *265subscribe an oath of office, that they will discharge the duties of such office to the best of their judgment,, and that they will not do nor…
3Cases cited4 opinions
- Nathan v. TompkinsSupreme Court of Alabama · 1886
- Moses v. TompkinsSupreme Court of Alabama · 1887
- State ex rel. Corey v. CurtisNevada Supreme Court · 1874
- Raht v. Sevier Mining & Milling Co.Utah Supreme Court · 1898
4Cited by7 opinions
- Stratton Massachusetts Gold Mines Co. v. DavisMassachusetts Supreme Judicial Court · 1916
- Murray v. BealUtah Supreme Court · 1901
- Hatch v. Lucky Bill Mining Co.Utah Supreme Court · 1903
- Floor v. JohnsonUtah Supreme Court · 1948
- Crissey v. CookSupreme Court of Kansas · 1903
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