Raht v. Sevier Mining & Milling Co.
Utah Supreme Court
Appeal from the District Court Salt Lake County, Hon. Ogden Hiles, Judge. Action by plaintiff to set aside and annul a sale under an assessment on certain shares of stock of defendant company, and to annul and cancel the issuance and transfer of said stock to defendant Lammersdorf. From a decree in favor of defendants plaintiff appeals. The alleged assessment of May 27, 1893, is absolutely void and consequently the attempted forfeiture and sale of the stock is void.
Read the full summary
Appeal from the District Court Salt Lake County, Hon. Ogden Hiles, Judge. Action by plaintiff to set aside and annul a sale under an assessment on certain shares of stock of defendant company, and to annul and cancel the issuance and transfer of said stock to defendant Lammersdorf. From a decree in favor of defendants plaintiff appeals. The alleged assessment of May 27, 1893, is absolutely void and consequently the attempted forfeiture and sale of the stock is void. The assessment was not in accordance with Compiled Laws of 1888, Sec. 2377, in that, First: It does not specify “to whom and…
1Opinion of the CourtMiner, J.
This action was brought on the 25th day of September, 1897, to set aside and annul a sale under an assessment on 15421 shares of the capital stock of the Sevier Mining and Milling Company, and to annul and cancel the issuance and transfer ■ of said shares of stock to defendant Lammersdorf, on the ground that the assessment under which the stock was sold was fraudulent and void. The answer after denying the allegations of the complaint, alleges'that the plaintiff’s cause of action is barred by his own laches and by the provisions of subdivision 4 of Sec. 3144, and by Sec. 2391, C. L. U. 1888.
Th…
2Cases cited5 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Hayward v. National BankSupreme Court of the United States · 1878
- Easterly v. BarberCommission of Appeals · 1875
- People v. SullivanUtah Supreme Court · 1893
3Cited by9 opinions
- Western Securities Co. v. Silver King Consol. Mining Co. of UtahUtah Supreme Court · 1920
- Hatch v. Lucky Bill Mining Co.Utah Supreme Court · 1903
- Ruck v. Caledonia Silver Mining Co.California Court of Appeal · 1907
- Schwab v. Frisco Mining & Milling Co.Utah Supreme Court · 1900
- Crissey v. CookSupreme Court of Kansas · 1903
4 more not listed; retrieve them via the Exa API.