Culver Lumber & Manufacturing Co. v. Culver
Supreme Court of Arkansas
Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; A chancery court’s jurisdiction of any particular case is determined by the allegations of the complaint. Wells on Jur. § 4. Courts of equity have no power to appoint a receiver of a corporation ancillary to a stockholder’s suit to wind up its affairs. 5 Tex. Cir. App. 18; 23 S. W. 819; High on Rec. 287-289; Smith on Rec. 220, note 1; Wait on Insol. Corp. 172; 2 Spelling on Corp. 842; 1 Mor. Priv.
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Appeal from Lawrence Chancery Court; George T. Humphries, Chancellor; A chancery court’s jurisdiction of any particular case is determined by the allegations of the complaint. Wells on Jur. § 4. Courts of equity have no power to appoint a receiver of a corporation ancillary to a stockholder’s suit to wind up its affairs. 5 Tex. Cir. App. 18; 23 S. W. 819; High on Rec. 287-289; Smith on Rec. 220, note 1; Wait on Insol. Corp. 172; 2 Spelling on Corp. 842; 1 Mor. Priv. Corp. 283; 53 Cal. 530. On allegations of fraud, etc., courts of equity will do no more than enjoin or forbid the misconduct. 34…
1Opinion of the CourtBattle, J.
On the 25th of August, 1902, Mary C. Culver instituted this suit against the Culver Lumber & Manufacturing Company in the Lawrence Circuit Court, on the equity side, which was afterwards transferred to the Lawrence Chancery Court, it having been created after the institution of this suit.
Plaintiff alleged in her complaint, substantially, as follows: She is a married woman and a resident of the State of Missouri. The defendant is a corporation, organized under the laws of the State of Missouri. Its capital stock amounts to $300,000, divided into shares of $100 each, of which she owns and holds…
2Cases cited11 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- George v. NorwoodSupreme Court of Arkansas · 1905
- Merchants & Planters Line v. WaganerSupreme Court of Alabama · 1882
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3Cited by10 opinions
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Matter of People (Russian Reinsurance Co.)New York Court of Appeals · 1931
- Federal Union Surety Co. v. FlemisterSupreme Court of Arkansas · 1910
- Bryan v. WelchCourt of Appeals for the Tenth Circuit · 1935
- Dickey v. Southwestern Surety InsuranceSupreme Court of Arkansas · 1915
5 more not listed; retrieve them via the Exa API.