Davenport v. Dows
Supreme Court of the United States
Appeal from the Circuit Court for the District of Iowa. Dows, a citizen of New York, in behalf.of himself and all other non-resident citizens of Iowa, who were stockholders in the Chicago, Nock Island, and Pacific Nailroad Company, filed a bill in the court below against the city of .Davenport, and its marshal, to arrest the collection of a tax, alleged to be illegal, levied by the ,said city for general revenue purposes, on the property of the company within its limits.
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Appeal from the Circuit Court for the District of Iowa. Dows, a citizen of New York, in behalf.of himself and all other non-resident citizens of Iowa, who were stockholders in the Chicago, Nock Island, and Pacific Nailroad Company, filed a bill in the court below against the city of .Davenport, and its marshal, to arrest the collection of a tax, alleged to be illegal, levied by the ,said city for general revenue purposes, on the property of the company within its limits. The bill assigned as a reason for its being filed by Dows, a stockholder in the company, instead of .by the company itself,…
1Opinion of the CourtJustice Davis
It is unnecessary to notice the last two reasons assigned, why the demurrer should not have been overruled, as the first is well taken. Indeed, it would be improper to pass on the merits of the controversy until the proper parties to be affected by the decision are before the court.
That a stockholder may'bring a suit when-a corporation refuses is settled in Dodge v. Woolsey, * but such a suit can only be maintained on the ground that the rights of the corporation are involved. These rights the individual shareholder is allowed to assert in behalf of himself and. associates, because the…
2Cases cited1 opinion
- Robinson v. SmithNew York Court of Chancery · 1831
3Cited by114 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
- Ross v. BernhardSupreme Court of the United States · 1969
- Porter v. SabinSupreme Court of the United States · 1893
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
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