Legal Opinion
Liken v. Shaffer
Court of Appeals for the Eighth Circuit
Decided April 17, 1944No. 12697PublishedCited by 12 opinions
1Opinion of the Court
JOHNSEN, Circuit Judge.
The District Court held that a suit by some nonresident stockholders against the officers and directors of an Iowa corporation, to follow assets and for an accounting, was one for relief on the ground of fraud and therefore was barred by subdivision 5 of section 11007, Code of Iowa 1939, as not having been brought within five years.
It further held that, as to two of the plaintiffs, the question also was res judicata, by virtue of the previous dismissal of another stockholders’ suit on the same ground, to which the two plaintiffs had been party. See Wilson v.…
2Cases cited15 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Southern Pacific Co. v. BogertSupreme Court of the United States · 1919
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Northern Pacific Railway Co. v. SlaghtSupreme Court of the United States · 1907
- Dawson v. National Life Insurance Co. of AmericaSupreme Court of Iowa · 1916
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Williamson v. Columbia Gas & Electric Corp.Court of Appeals for the Third Circuit · 1950
- Farmers Cooperative Co. v. BirminghamDistrict Court, N.D. Iowa · 1949
- Dickinson v. BurnhamCourt of Appeals for the Second Circuit · 1952
- Philip D. Myers v. Clyde Harold BullCourt of Appeals for the Eighth Circuit · 1979
- Liken v. ShafferDistrict Court, N.D. Iowa · 1946
7 more not listed; retrieve them via the Exa API.