Legal Opinion

National Co-Operative Farm Loan Co. v. Hirning

South Dakota Supreme Court

Decided May 13, 1918No. File No. 4375PublishedCited by 3 opinions

Original application in the Supreme Court, by the National Co-Operative Earm Doan (Company, a South Diakoba corporation, to John Hirn-ing, Clarence C. Caldwell, and W. N. Van Camp, as the State Securities Commission, and D. W. Henderson., as Secretary o'f siuob Commission, for a license to sell its corporate stock within this State. The Commission having made an order denying said application, plaintiff ¡brings- -certiorari.

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Original application in the Supreme Court, by the National Co-Operative Earm Doan (Company, a South Diakoba corporation, to John Hirn-ing, Clarence C. Caldwell, and W. N. Van Camp, as the State Securities Commission, and D. W. Henderson., as Secretary o'f siuob Commission, for a license to sell its corporate stock within this State. The Commission having made an order denying said application, plaintiff ¡brings- -certiorari. The record1 .discloses, that .the question whether or noit the name olf plaintiff corporation is misleading to the public, as indicative of a “co-operative” -character of…

1Opinion of the CourtWhiting, P. J.

•Gerti-orari proceedings instituted in this clciu-rt against the state 'securities commission-, pu-rsluanit to the provisions of chapter 275, Laws 1915. It i.s) charged that such body erred! lin finding that plaintiff’s proposed!' plan of business is of -s-u'ch a nature that the sate of its Capital stock would work a fraud -upon 'the purchasers thereof, and erred in i-ts order o-f March 14, 1918, refusing plaintiff’s application for permi-t to- sell its capital stock.

The jurisdiction of the 'commission to -act in th-e matter before it is not questioned', but we are called upon to review the…

2Cited by3 opinions

  1. State ex rel. Grey v. Circuit Court of Minnehaha Co.South Dakota Supreme Court · 1931
  2. In Re the Civil Contempt Proceedings Concerning RichardSouth Dakota Supreme Court · 1985
  3. In Re the Civil Contempt Proceedings Concerning RichardSouth Dakota Supreme Court · 1985

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