Republican Mountain Silver Mines, Ltd. v. Brown
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. In Equity. Dill filed by J. Warren Brown and Porter P. Wheaton against the Republican Mountain Silver Mines, Limited, Edward F. Tremayne, Horace H. Atkins, A. P. Welch, John Welch, and Arthur E. Phillips, for the dissolution of the corporation defendant, the appointment of a receiver, and for other relief. Decree for complainants. 55 Fed. 7. Defendants appeal.
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Appeal from the Circuit Court of the United States for the District of Colorado. In Equity. Dill filed by J. Warren Brown and Porter P. Wheaton against the Republican Mountain Silver Mines, Limited, Edward F. Tremayne, Horace H. Atkins, A. P. Welch, John Welch, and Arthur E. Phillips, for the dissolution of the corporation defendant, the appointment of a receiver, and for other relief. Decree for complainants. 55 Fed. 7. Defendants appeal. Statement by THAYER, District Judge: This was a hill filed by the appellees against the Republican Mountain Silver Mines, Limited, and its directors, and…
1Opinion of the CourtThayer, District Judge
It is made apparent by an inspection of the bill of complaint that it states no ease entitling the complainants to any form of equitable relief, unless the right thereto can be maintained on the strength of the allegation that the shareholders’ extraordinary general meeting of July 1, 1891, was an unauthorized meeting, because it was convened and held on insufficient notice under the charter and by-laws of the company. Unless that averment is sustained, we are unable to see that the complainants had any fair pretense for invoking the aid of a court of chancery to restrain the proceedings that…
2Cases cited13 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Dodge v. WoolseySupreme Court of the United States · 1856
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Canada Southern Railway Co. v. GebhardSupreme Court of the United States · 1883
- Relfe v. RundleSupreme Court of the United States · 1881
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3Cited by30 opinions
- McDougall v. Huntingdon & Broad Top R. & C. Co.Supreme Court of Pennsylvania · 1928
- Tower Hill-Connellsville Coke Co. of West Virginia v. Piedmont Coal Co.Court of Appeals for the Fourth Circuit · 1933
- Bowman v. Gum, IncorporatedSupreme Court of Pennsylvania · 1936
- Mitchell v. HancockCourt of Appeals of Texas · 1917
- Boothe v. Summit Coal Mining Co.Washington Supreme Court · 1909
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