Legal Opinion

Magpie Gold Mining Co. v. Sherman

South Dakota Supreme Court

Decided May 21, 1909PublishedCited by 1 opinion

Appeal from Circuit Court, Pennington County. Hon. Eevi McGee, Judge. Action by the Magpie Gold Mining Company against James C. Sherman. 'From a judgment f.or plaintiff, defendant appeals. A court of equity has no jurisdiction to remove the legaily elected or appointed officers of a corporation, in the -absence of a statute, .on the ground of mismanagement of the affairs of the corporation, or neglect or other cause.

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Appeal from Circuit Court, Pennington County. Hon. Eevi McGee, Judge. Action by the Magpie Gold Mining Company against James C. Sherman. 'From a judgment f.or plaintiff, defendant appeals. A court of equity has no jurisdiction to remove the legaily elected or appointed officers of a corporation, in the -absence of a statute, .on the ground of mismanagement of the affairs of the corporation, or neglect or other cause. The power of removal on this ground is in the corporation itself only. 3 Clark & Marshall on private corporations, p. 2046, Sec. 6680; Neall v. Hill, 16 Cal. 145; Robertson n.…

1Opinion of the CourtCorson, J.

This is an appeal by the defendant from a judgment entered in favor of the plaintiff, and from an -order denying a motion for a new trial. The action was- instituted by the plaintiff, a corporation, claiming to be the owner pf certain placer mining properties in Pennington county, against the defendant, who was employed as its managing agent, and whose term of employment had expired, to restrain him from interfering with the further management of its properties, and for an accounting on ■the part of the defendant. The complaint is very lengthy, and we shall only attempt to give a brief…

2Cited by1 opinion

  1. Waubay Motor Sales Co. v. LasellSouth Dakota Supreme Court · 1913

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