Legal Opinion

State ex rel. Fenn v. McQuillin

Supreme Court of Missouri

Decided April 2, 1914PublishedCited by 18 opinions

Prohibition. (1) “Where the act complained of affects the* complainant solely in his capacity as a member of the corporation, whether as stockholder, director, president or other officer, it is the act of the corporation. Whether acting in stockholders’ meetings or through its agents, the board of directors, then snch action is the management of the internal affairs of a corporation.”

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Prohibition. (1) “Where the act complained of affects the* complainant solely in his capacity as a member of the corporation, whether as stockholder, director, president or other officer, it is the act of the corporation. Whether acting in stockholders’ meetings or through its agents, the board of directors, then snch action is the management of the internal affairs of a corporation.” “A court of equity, in a jurisdiction where a foreign corporation has its situs for the transaction of business, and where its property is situated, is without jurisdiction, in the absence of a statute, to…

1Opinion of the CourtParis, J.

— This is an original proceeding in prohibition, which was filed-here on the 19th day of August, 1913, and our preliminary rule to show cause issued on that day. Relators are six out of sixteen defendants, in a certain alleged action in equity for an accounting, for the appointing of a receiver for such of said defendants as are corporations, and for other purposes and uses hereinafter more specifically set out. This action in equity is now pending in the circuit court of the city of St. Louis, in Division 6 thereof, which division is presided over by respondent, Judge Eugene McQuillin.…

2Cases cited23 opinions

  1. St. Louis, Kennett & Southern Railroad v. WearSupreme Court of Missouri · 1896
  2. State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
  3. Hubbard v. SlavensSupreme Court of Missouri · 1909
  4. State Ex Rel. McNamee v. StobieSupreme Court of Missouri · 1906
  5. State ex rel. McEntee v. BrightSupreme Court of Missouri · 1909

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

3Cited by18 opinions

  1. Atwood v. Cox, District JudgeUtah Supreme Court · 1936
  2. State Ex Rel. City of Mansfield v. CrainMissouri Court of Appeals · 1957
  3. American Constitution Fire Assurance Co. v. O'MalleySupreme Court of Missouri · 1938
  4. State Ex Rel. Bromschwig v. HartmanMissouri Court of Appeals · 1928
  5. State ex rel. American Bankers Assurance Co. v. McQuillinSupreme Court of Missouri · 1914

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

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