Legal Opinion

Smith v. Stone

Wyoming Supreme Court

Decided December 9, 1912No. 694PublishedCited by 30 opinions

Error to the District Court, Uinta County; Hon David H. Craig, Judge. The material facts are stated in the opinion. Stating in a notice for an annual meeting of a corporation that it will be held not only for the election of trustees, but '“for the transaction of such business as may properly come before the meeting,” does not authorize the adoption of a resolution at such meeting providing for a sale of all of the corporate assets. (Ins.

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Error to the District Court, Uinta County; Hon David H. Craig, Judge. The material facts are stated in the opinion. Stating in a notice for an annual meeting of a corporation that it will be held not only for the election of trustees, but '“for the transaction of such business as may properly come before the meeting,” does not authorize the adoption of a resolution at such meeting providing for a sale of all of the corporate assets. (Ins. Co. v. Wescot, 80 Mass. 440.) To authorize the adoption of such a resolution at any corporate meeting the stockholders must be advised thereof in the notice…

1Opinion of the Court

Potter, Justice.

This action was brought by John Smith, who alleges in the petition that it is brought on behalf of the Bear River Land & Stock Company, a corporation, and on his own behalf as a stockholder of said corporation, and on the behalf of all other stockholders who may desire to come in and be made parties to the cause and bear the expenses incurred therein. The defendants named in the petition are Charles Stone, John H. Ward, George E. Pexton, John R. Arnold, Otto Arnold, A. E. Bradbury, James Smith, J. C. Riley, Crawford Land Company, a corporation, Bear River Land & Stock Company,…

2Cases cited6 opinions

  1. Wheeler v. Pullman Iron & Steel Co.Illinois Supreme Court · 1892
  2. Price v. HolcombSupreme Court of Iowa · 1893
  3. North American Land & Timber Co. v. WatkinsCourt of Appeals for the Fifth Circuit · 1901
  4. Wills v. PorterCalifornia Supreme Court · 1901
  5. Smith v. Chase & Baker Piano Mfg. Co.District Court, E.D. Michigan · 1912

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3Cited by30 opinions

  1. Lynch v. PattersonWyoming Supreme Court · 1985
  2. Wallop Canyon Ranch, LLC v. GoodwynWyoming Supreme Court · 2015
  3. Mueller v. ZimmerWyoming Supreme Court · 2005
  4. Schaffer v. Standard Timber Co.Wyoming Supreme Court · 1958
  5. Williams v. YocumWyoming Supreme Court · 1928

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