Stewart v. Pierce
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes and S. F. Pbouty, Judges. This is an equitable action, in which, the plaintiff alleges that he is the owner of one-half of the capital stock of the Homestead Company and of the Pierce-Wallace Publishing Company. He a.sks a decree establishing his ownership in the stock claimed, and for other relief as herein stated. The Homestead Company was a corporation with a capital stock of $20,000, divided into 200 shares.
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Appeal from Polk District Court. — Hon. C. P. Holmes and S. F. Pbouty, Judges. This is an equitable action, in which, the plaintiff alleges that he is the owner of one-half of the capital stock of the Homestead Company and of the Pierce-Wallace Publishing Company. He a.sks a decree establishing his ownership in the stock claimed, and for other relief as herein stated. The Homestead Company was a corporation with a capital stock of $20,000, divided into 200 shares. The Pierce-Wallace Publishing Company is a corporation with a capital stock of $60,000, divided into 600 shares. On the eighth day…
1Opinion of the Court
Sherwin, T. —
3 We will first consider the appeal from the order granting the temporary injunction. A motion to dismiss this appeal was filed, and was submitted with the case. The ground upon which the motion is based is that the appeal was waived by proceeding to trial in the main case, and because the final decree dissolved the temporary writ as to the employment of the plaintiff. If the issues and the evidence that were presented to Judge Prouty upon which his ord'er was of course based were the same in all respects as those upon which Judge Holmes based his final decree, a much stronger…
2Cases cited17 opinions
- Van Allen v. AssessorsSupreme Court of the United States · 1866
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Planters' Bank v. Union BankSupreme Court of the United States · 1873
- Humphreys v. McKissockSupreme Court of the United States · 1891
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
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3Cited by15 opinions
- Liken v. ShafferDistrict Court, N.D. Iowa · 1946
- Sisters of Mercy v. LightnerSupreme Court of Iowa · 1937
- Rossing v. State BankSupreme Court of Iowa · 1917
- McCarthy Co. v. Dubuque District CourtSupreme Court of Iowa · 1926
- Platner v. KirbySupreme Court of Iowa · 1908
10 more not listed; retrieve them via the Exa API.