Legal Opinion

Strong v. McCagg

Wisconsin Supreme Court

Decided October 31, 1882PublishedCited by 20 opinions

APPEAL from the Circuit Court for La Fayette County. Action by the plaintiff as one of the stockholders of the 'Oakland Mining Company against that company and over twenty of its alleged stockholders, including the appellant .and James H. Earnest, for the purpose of determining the names of the stockholders, the number of shares owned by •each upon the production of the certificates, and for judgment that the corporation had forfeited its corporate rights, privileges, and…

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APPEAL from the Circuit Court for La Fayette County. Action by the plaintiff as one of the stockholders of the 'Oakland Mining Company against that company and over twenty of its alleged stockholders, including the appellant .and James H. Earnest, for the purpose of determining the names of the stockholders, the number of shares owned by •each upon the production of the certificates, and for judgment that the corporation had forfeited its corporate rights, privileges, and franchises, and that the same be excluded from •such corporate rights, privileges, and franchises, and that the…

1Opinion of the CourtCassoday, J.

The question is not whether a court of equity has power to control and regulate the management of corporations, or protect or enforce the rights of stockholders, but whether a stockholder may, in his own name and without first obtaining leave of the court, maintain a bill in equity to dissolve and terminate a corporation, and convert, its property into money and divide the same among a por*627tion of its stockholders on the ground of non-user or misuser ? It would seem that, independent of the statute, the general equity powers of the court do not extend to such a question. In the absence of a…

2Cases cited13 opinions

  1. Slee v. BloomNew York Supreme Court · 1822
  2. Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
  3. Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
  4. Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
  5. Mickles v. Rochester City BankNew York Court of Chancery · 1844

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3Cited by20 opinions

  1. Chicago Mutual Life Indemnity Ass'n v. HuntIllinois Supreme Court · 1889
  2. Stedman v. City of BerlinWisconsin Supreme Court · 1897
  3. Wallace v. Pierce-Wallace Publishing Co.Supreme Court of Iowa · 1897
  4. Curtis v. Board of EducationSupreme Court of Kansas · 1890
  5. Sleeper v. GoodwinWisconsin Supreme Court · 1887

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