Legal Opinion

Johnson v. United Railways Co.

Supreme Court of Missouri

Decided April 12, 1910PublishedCited by 26 opinions

Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) The quashing of the order of publication was error.

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Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) The quashing of the order of publication was error. The St. Louis Transit Company and the United Railways Company of St. Louis were both corporations of the State of Missouri, and this State was primarily and necessarily the State in which the ownership and disposition of that stock should be litigated and the courts of this State alone could adjudicate the ultimate right thereto, and this was the only State that could fully enforce its decrees therein. Armour Bros. y. Smith, 113 Mo. 12; Stout v. Stout, 77 Ind. 539;…

1Opinion of the CourtLamm, P. J.

Suit in equity by a stockholder of the St. Louis Transit Company on behalf of himself (and any others who, willing to share the expense, may wish to join) for rescission of certain corporate acts and contracts and'for an auxiliary injunction. Cast on demurrer to his third amended bill, plaintiff appeals.

The grounds of the demurrer were that the bill did not state facts sufficient to constitute a cause of action and was multifarious. The demurrer was offered on behalf of certain corporate defendants and individuals actually served with process. There was a group of defendants made parties to…

2Cases cited3 opinions

  1. Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
  2. Rock Island Implement Co. v. MarrSupreme Court of Missouri · 1902
  3. Baker v. City of St. LouisSupreme Court of Missouri · 1905

3Cited by26 opinions

  1. Rombauer v. Compton Heights Christian ChurchSupreme Court of Missouri · 1931
  2. Finch v. Warrior Cement Corp.Court of Chancery of Delaware · 1928
  3. Higday v. NickolausMissouri Court of Appeals · 1971
  4. McDonald v. DentonCourt of Appeals of Texas · 1910
  5. Johnson v. United Railways Co.Supreme Court of Missouri · 1912

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