Legal Opinion

State Ex Rel. Springs v. Ellison

Supreme Court of South Carolina

Decided October 28, 1916No. 9550PublishedCited by 2 opinions

In the Original Jurisdiction. Proceeding by the State of South Carolina, on the relation of Leroy Springs and others, against Luther Ellison and others. cite: As to duty of respondents to protect themselves: 2 Strob: Eq. 154. Cumulative voting for directors: Const. 1895, art. IX, sec. 11; Civil Code, sec. 2787; 232 Pa. St. 53; Am.

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In the Original Jurisdiction. Proceeding by the State of South Carolina, on the relation of Leroy Springs and others, against Luther Ellison and others. cite: As to duty of respondents to protect themselves: 2 Strob: Eq. 154. Cumulative voting for directors: Const. 1895, art. IX, sec. 11; Civil Code, sec. 2787; 232 Pa. St. 53; Am. Cas. 1912c, 1267; 56 L. R. A. 947; Cook Corp. (5th ed.), sec. 609a, p. 1302; 1 Thompson Corp. 1086, 1090; 61 Ohio St. 497; 56 N. E. 201; 48 Kan. 222; 29 Pac. 566; 3 Boyce (Del..) 1; 79 Atl. 790; Ann. Cas. 1915a, 1133; 8 Ene. L. (2d ed.), 496; 10 Enc. PI. & Pr. 338;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice ' Eraser.

1 The Lancaster Publishing Company is a domestic corporation, with 100 shares of stock. At first the company made money, and then it did not. At the stockholders’ meeting on' the 7th of April, 1916, two factions appeared, which we will refer to as the majority and. the minority factions.

Much testimony has been taken that in the view of this Court is wholly unnecessary and irrelevant. The undisputed facts are as follows: On the 7th of April, 1916, there was held a meeting of the stockholders, and at this meeting 96 shares were…

2Cited by2 opinions

  1. Gaskin v. JonesSupreme Court of South Carolina · 1942
  2. Sagness v. Farmers Co-Operative Creamery Co.South Dakota Supreme Court · 1940

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