Dunn v. Acme Auto & Garage Co.
Wisconsin Supreme Court
Appeal from orders of the circuit court for Grant county: George Clementson, Circuit Judge. Equitable action for an accounting and other relief. The plaintiff and the persons named as defendants were all of the stockholders of the defendant company, each of the stockholders being the owner, of. fifty shares of the capital stock of the par value of $10 a share.
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Appeal from orders of the circuit court for Grant county: George Clementson, Circuit Judge. Equitable action for an accounting and other relief. The plaintiff and the persons named as defendants were all of the stockholders of the defendant company, each of the stockholders being the owner, of. fifty shares of the capital stock of the par value of $10 a share. The plaintiff at one time was an officer and director of the company, but some time previous to the commencement of this action had ceased to be such, and differences had arisen between plaintiff and the defendant stockholders. The…
1Opinion of the CourtRosenberry, J.
The first claim made is that the appeal should be dismissed for the reason that the order of April 5, 1918, is not appealable under sec. 3069, Stats., citing Nash v. Meggett, 89 Wis. 486, 61 N. W. 283.
The order of April 5, 1918, expressly continues the in-junctional order issued by the court commissioner except as modified by the direction for sale subject to confirmation by the court. It seems clear that the order of March 18th was modified by the order of April 5th and is therefore within the provisions of sec. 3069, Stats., and appealable, jt being an order which modifies an injunction.…
2Cases cited14 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Jones v. MorrisonSupreme Court of Minnesota · 1883
- Luther v. C. J. Luther Co.Wisconsin Supreme Court · 1903
- State ex rel. Page v. SmithSupreme Court of Vermont · 1876
- Valley Iron Works Manufacturing Co. v. GoodrickWisconsin Supreme Court · 1899
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Borg v. International Silver Co.Court of Appeals for the Second Circuit · 1925
- Backus v. FinkelsteinDistrict Court, D. Minnesota · 1927
- Hammer v. WernerAppellate Division of the Supreme Court of the State of New York · 1933
- Harvey v. HarveyCourt of Appeals for the Seventh Circuit · 1923
- Halsey, Stuart & Co. v. Public Service CommissionWisconsin Supreme Court · 1933
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