Legal Opinion

Wyoming Coal Mining Co. v. State ex rel. Kennedy

Wyoming Supreme Court

Decided November 14, 1906PublishedCited by 10 opinions

Error to the District Court, Sheridan County, Hon. Carroll H. Parmblbe, Judge. The facts are stated in the opinion. The fact that one is a stockholder in a corporation does not give him a right to inspect its books and papers without a showing of some good and sufficient reason therefor, such as fraud or mismanagement, or that some substantial right has been denied him resulting in material injury to his interests.

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Error to the District Court, Sheridan County, Hon. Carroll H. Parmblbe, Judge. The facts are stated in the opinion. The fact that one is a stockholder in a corporation does not give him a right to inspect its books and papers without a showing of some good and sufficient reason therefor, such as fraud or mismanagement, or that some substantial right has been denied him resulting in material injury to his interests. The petition in the case at bar is, therefore, fatally defective, since no reason for the inspection demanded is alleged further than that the relator is a stockholder; and there…

1Opinion of the Court

Scoot, Justice.

This is a proceeding in mandamus which was commenced in the District Court of Sheridan County by the relator, Stewart Kennedy, against the respondents, plaintiffs in error, to compel the said company and Birkhaeuser, .its vice president and acting- secretary and treasurer, to permit the relator to. inspect the books and records of the company. A demurrer to the petition was interposed by the respondents on the ground that the facts stated therein were insufficient to constitute a cause of action against them. Upon a hearing the tidal court overruled the demurrer and the…

2Cases cited7 opinions

  1. Foster v. WhiteSupreme Court of Alabama · 1888
  2. Swift v. State ex rel. RichardsonSupreme Court of Delaware · 1886
  3. Ellsworth v. DorwartSupreme Court of Iowa · 1895
  4. Harper v. HarperSupreme Court of Missouri · 1860
  5. State ex rel. Bergenthal v. BergenthalWisconsin Supreme Court · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Appeal of Pine Bluffs v. State Board of EqualizationWyoming Supreme Court · 1958
  2. Engberg v. StateWyoming Supreme Court · 1984
  3. Woodward v. HaneyWyoming Supreme Court · 1977
  4. State v. Cities Service CompanySupreme Court of Delaware · 1922
  5. Mitchell v. WaltersWyoming Supreme Court · 1940

5 more not listed; retrieve them via the Exa API.

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